SENATORS Armbruster, Gardner, Mallory, Spada, Harris, Hagan, Wilson, Dann, Zurz, Roberts

To amend sections 109.572, 122.14, 307.12, 315.08,

1

315.14, 315.18, 2935.03, 4501.04, 4501.06,

2

4501.21, 4501.26, 4503.02, 4503.103, 4503.26,

3

4503.40, 4503.42, 4504.02, 4504.15, 4504.16,

4

4504.18, 4505.021, 4505.031, 4505.032, 4505.06,

5

4505.08, 4506.01, 4506.03, 4506.05, 4506.08,

6

4506.09, 4506.10, 4506.11, 4506.12, 4506.14,

7

4506.15, 4506.16, 4506.17, 4506.20, 4506.23,

8

4506.25, 4507.02, 4508.06, 4509.27, 4511.21,

9

4513.34, 4519.58, 4749.02, 4749.03, 4749.06,

10

4749.10, 5501.11, 5513.04, 5525.01, 5525.10,

11

5525.15, 5525.25, 5531.09, 5531.10, 5537.16,

12

5537.17, 5543.02, 5735.05, 5735.23, 5735.25,

13

5735.27, 5735.28, and 5735.29; to enact sections

14

4503.85 and 4508.10; and to repeal sections

15

4501.12, 4501.35, 4506.02, and 4506.26 of the

16

Revised Code to make appropriations for programs

17

related to transportation and public safety for

18

the biennium beginning July 1, 2005, and ending

19

June 30, 2007, and to provide authorization and

20

conditions for the operation of those programs.

21

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 101.01. That sections 109.572, 122.14, 307.12,	22
315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06, 4501.21,	23
4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42, 4504.02,	24
4504.15, 4505.16, 4504.18, 4505.021, 4505.031, 4505.032, 4505.06,	25
4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09, 4506.10,	26
4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17, 4506.20,	27
4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.21, 4513.34,	28
4519.58, 4749.02, 4749.03, 4749.06, 4749.10, 5501.11, 5513.04,	29
5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10, 5537.16,	30
5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27, 5735.28, and	31
5735.29 be amended and sections 4503.85 and 4508.10 of the Revised	32
Code be enacted to read as follows:	33

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	34
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,	35
5104.013, or 5153.111 of the Revised Code, a completed form	36
prescribed pursuant to division (C)(1) of this section, and a set	37
of fingerprint impressions obtained in the manner described in	38
division (C)(2) of this section, the superintendent of the bureau	39
of criminal identification and investigation shall conduct a	40
criminal records check in the manner described in division (B) of	41
this section to determine whether any information exists that	42
indicates that the person who is the subject of the request	43
previously has been convicted of or pleaded guilty to any of the	44
following:	45

(a) A violation of section 2903.01, 2903.02, 2903.03,	46
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	47
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	48
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	49
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	50
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	51
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	52
2925.06, or 3716.11 of the Revised Code, felonious sexual	53
penetration in violation of former section 2907.12 of the Revised	54
Code, a violation of section 2905.04 of the Revised Code as it	55
existed prior to July 1, 1996, a violation of section 2919.23 of	56
the Revised Code that would have been a violation of section	57
2905.04 of the Revised Code as it existed prior to July 1, 1996,	58
had the violation been committed prior to that date, or a	59
violation of section 2925.11 of the Revised Code that is not a	60
minor drug possession offense;	61

(b) A violation of an existing or former law of this state,	62
any other state, or the United States that is substantially	63
equivalent to any of the offenses listed in division (A)(1)(a) of	64
this section.	65

(2) On receipt of a request pursuant to section 5123.081 of	66
the Revised Code with respect to an applicant for employment in	67
any position with the department of mental retardation and	68
developmental disabilities, pursuant to section 5126.28 of the	69
Revised Code with respect to an applicant for employment in any	70
position with a county board of mental retardation and	71
developmental disabilities, or pursuant to section 5126.281 of the	72
Revised Code with respect to an applicant for employment in a	73
direct services position with an entity contracting with a county	74
board for employment, a completed form prescribed pursuant to	75
division (C)(1) of this section, and a set of fingerprint	76
impressions obtained in the manner described in division (C)(2) of	77
this section, the superintendent of the bureau of criminal	78
identification and investigation shall conduct a criminal records	79
check. The superintendent shall conduct the criminal records check	80
in the manner described in division (B) of this section to	81
determine whether any information exists that indicates that the	82
person who is the subject of the request has been convicted of or	83
pleaded guilty to any of the following:	84

(a) A violation of section 2903.01, 2903.02, 2903.03,	85
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	86
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	87
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	88
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	89
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	90
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	91
2925.03, or 3716.11 of the Revised Code;	92

(b) An existing or former municipal ordinance or law of this	93
state, any other state, or the United States that is substantially	94
equivalent to any of the offenses listed in division (A)(2)(a) of	95
this section.	96

(3) On receipt of a request pursuant to section 173.41,	97
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	98
form prescribed pursuant to division (C)(1) of this section, and a	99
set of fingerprint impressions obtained in the manner described in	100
division (C)(2) of this section, the superintendent of the bureau	101
of criminal identification and investigation shall conduct a	102
criminal records check with respect to any person who has applied	103
for employment in a position that involves providing direct care	104
to an older adult. The superintendent shall conduct the criminal	105
records check in the manner described in division (B) of this	106
section to determine whether any information exists that indicates	107
that the person who is the subject of the request previously has	108
been convicted of or pleaded guilty to any of the following:	109

(a) A violation of section 2903.01, 2903.02, 2903.03,	110
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	111
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	112
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	113
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	114
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	115
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	116
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	117
2925.22, 2925.23, or 3716.11 of the Revised Code;	118

(b) An existing or former law of this state, any other state,	119
or the United States that is substantially equivalent to any of	120
the offenses listed in division (A)(3)(a) of this section.	121

(4) On receipt of a request pursuant to section 3701.881 of	122
the Revised Code with respect to an applicant for employment with	123
a home health agency as a person responsible for the care,	124
custody, or control of a child, a completed form prescribed	125
pursuant to division (C)(1) of this section, and a set of	126
fingerprint impressions obtained in the manner described in	127
division (C)(2) of this section, the superintendent of the bureau	128
of criminal identification and investigation shall conduct a	129
criminal records check. The superintendent shall conduct the	130
criminal records check in the manner described in division (B) of	131
this section to determine whether any information exists that	132
indicates that the person who is the subject of the request	133
previously has been convicted of or pleaded guilty to any of the	134
following:	135

(a) A violation of section 2903.01, 2903.02, 2903.03,	136
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	137
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	138
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	139
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	140
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	141
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	142
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	143
violation of section 2925.11 of the Revised Code that is not a	144
minor drug possession offense;	145

(b) An existing or former law of this state, any other state,	146
or the United States that is substantially equivalent to any of	147
the offenses listed in division (A)(4)(a) of this section.	148

(5) On receipt of a request pursuant to section 5111.95 or	149
5111.96 of the Revised Code with respect to an applicant for	150
employment with a waiver agency participating in a department of	151
job and family services administered home and community-based	152
waiver program or an independent provider participating in a	153
department administered home and community-based waiver program in	154
a position that involves providing home and community-based waiver	155
services to consumers with disabilities, a completed form	156
prescribed pursuant to division (C)(1) of this section, and a set	157
of fingerprint impressions obtained in the manner described in	158
division (C)(2) of this section, the superintendent of the bureau	159
of criminal identification and investigation shall conduct a	160
criminal records check. The superintendent shall conduct the	161
criminal records check in the manner described in division (B) of	162
this section to determine whether any information exists that	163
indicates that the person who is the subject of the request	164
previously has been convicted of or pleaded guilty to any of the	165
following:	166

(a) A violation of section 2903.01, 2903.02, 2903.03,	167
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	168
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	169
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	170
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	171
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	172
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	173
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	174
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	175
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	176
Revised Code, felonious sexual penetration in violation of former	177
section 2907.12 of the Revised Code, a violation of section	178
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	179
violation of section 2919.23 of the Revised Code that would have	180
been a violation of section 2905.04 of the Revised Code as it	181
existed prior to July 1, 1996, had the violation been committed	182
prior to that date;	183

(b) An existing or former law of this state, any other state,	184
or the United States that is substantially equivalent to any of	185
the offenses listed in division (A)(5)(a) of this section.	186

(6) On receipt of a request pursuant to section 3701.881 of	187
the Revised Code with respect to an applicant for employment with	188
a home health agency in a position that involves providing direct	189
care to an older adult, a completed form prescribed pursuant to	190
division (C)(1) of this section, and a set of fingerprint	191
impressions obtained in the manner described in division (C)(2) of	192
this section, the superintendent of the bureau of criminal	193
identification and investigation shall conduct a criminal records	194
check. The superintendent shall conduct the criminal records check	195
in the manner described in division (B) of this section to	196
determine whether any information exists that indicates that the	197
person who is the subject of the request previously has been	198
convicted of or pleaded guilty to any of the following:	199

(a) A violation of section 2903.01, 2903.02, 2903.03,	200
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	201
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	202
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	203
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	204
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	205
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	206
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	207
2925.22, 2925.23, or 3716.11 of the Revised Code;	208

(b) An existing or former law of this state, any other state,	209
or the United States that is substantially equivalent to any of	210
the offenses listed in division (A)(6)(a) of this section.	211

(7) When conducting a criminal records check upon a request	212
pursuant to section 3319.39 of the Revised Code for an applicant	213
who is a teacher, in addition to the determination made under	214
division (A)(1) of this section, the superintendent shall	215
determine whether any information exists that indicates that the	216
person who is the subject of the request previously has been	217
convicted of or pleaded guilty to any offense specified in section	218
3319.31 of the Revised Code.	219

(8) On a request pursuant to section 2151.86 of the Revised	220
Code, a completed form prescribed pursuant to division (C)(1) of	221
this section, and a set of fingerprint impressions obtained in the	222
manner described in division (C)(2) of this section, the	223
superintendent of the bureau of criminal identification and	224
investigation shall conduct a criminal records check in the manner	225
described in division (B) of this section to determine whether any	226
information exists that indicates that the person who is the	227
subject of the request previously has been convicted of or pleaded	228
guilty to any of the following:	229

(a) A violation of section 2903.01, 2903.02, 2903.03,	230
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	231
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	232
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	233
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	234
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	235
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	236
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	237
violation of section 2905.04 of the Revised Code as it existed	238
prior to July 1, 1996, a violation of section 2919.23 of the	239
Revised Code that would have been a violation of section 2905.04	240
of the Revised Code as it existed prior to July 1, 1996, had the	241
violation been committed prior to that date, a violation of	242
section 2925.11 of the Revised Code that is not a minor drug	243
possession offense, or felonious sexual penetration in violation	244
of former section 2907.12 of the Revised Code;	245

(b) A violation of an existing or former law of this state,	246
any other state, or the United States that is substantially	247
equivalent to any of the offenses listed in division (A)(8)(a) of	248
this section.	249

(9) When conducting a criminal records check on a request	250
pursuant to section 5104.013 of the Revised Code for a person who	251
is an owner, licensee, or administrator of a child day-care center	252
or type A family day-care home or an authorized provider of a	253
certified type B family day-care home, the superintendent, in	254
addition to the determination made under division (A)(1) of this	255
section, shall determine whether any information exists that	256
indicates that the person has been convicted of or pleaded guilty	257
to any of the following:	258

(a) A violation of section 2913.02, 2913.03, 2913.04,	259
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	260
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	261
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	262
2921.13, or 2923.01 of the Revised Code, a violation of section	263
2923.02 or 2923.03 of the Revised Code that relates to a crime	264
specified in this division or division (A)(1)(a) of this section,	265
or a second violation of section 4511.19 of the Revised Code	266
within five years of the date of application for licensure or	267
certification.	268

(b) A violation of an existing or former law of this state,	269
any other state, or the United States that is substantially	270
equivalent to any of the offenses or violations described in	271
division (A)(9)(a) of this section.	272

(10) On receipt of a request for a criminal records check	273
from an individual pursuant to section 4749.03 or 4749.06 of the	274
Revised Code, accompanied by a completed copy of the form	275
prescribed in division (C)(1) of this section and a set of	276
fingerprint impressions obtained in a manner described in division	277
(C)(2) of this section, the superintendent of the bureau of	278
criminal identification and investigation shall conduct a criminal	279
records check in the manner described in division (B) of this	280
section to determine whether any information exists indicating	281
that the person who is the subject of the request has been	282
convicted of or pleaded guilty to a felony in this state or in any	283
other state. If the individual indicates that a firearm will be	284
carried in the course of business, the superintendent shall	285
require information from the federal bureau of investigation as	286
described in division (B)(2) of this section. The superintendent	287
shall report the findings of the criminal records check and any	288
information the federal bureau of investigation provides to the	289
director of public safety.	290

(11) Not later than thirty days after the date the	291
superintendent receives the request, completed form, and	292
fingerprint impressions, the superintendent shall send the person,	293
board, or entity that made the request any information, other than	294
information the dissemination of which is prohibited by federal	295
law, the superintendent determines exists with respect to the	296
person who is the subject of the request that indicates that the	297
person previously has been convicted of or pleaded guilty to any	298
offense listed or described in division (A)(1), (2), (3), (4),	299
(5), (6), (7), (8), or (9), or (10) of this section, as	300
appropriate. The superintendent shall send the person, board, or	301
entity that made the request a copy of the list of offenses	302
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	303
or (9), or (10) of this section, as appropriate. If the request	304
was made under section 3701.881 of the Revised Code with regard to	305
an applicant who may be both responsible for the care, custody, or	306
control of a child and involved in providing direct care to an	307
older adult, the superintendent shall provide a list of the	308
offenses specified in divisions (A)(4) and (6) of this section.	309

(B) The superintendent shall conduct any criminal records	310
check requested under section 121.08, 173.41, 2151.86, 3301.32,	311
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03,	312
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	313
5126.281, or 5153.111 of the Revised Code as follows:	314

(1) The superintendent shall review or cause to be reviewed	315
any relevant information gathered and compiled by the bureau under	316
division (A) of section 109.57 of the Revised Code that relates to	317
the person who is the subject of the request, including any	318
relevant information contained in records that have been sealed	319
under section 2953.32 of the Revised Code;	320

(2) If the request received by the superintendent asks for	321
information from the federal bureau of investigation, the	322
superintendent shall request from the federal bureau of	323
investigation any information it has with respect to the person	324
who is the subject of the request and shall review or cause to be	325
reviewed any information the superintendent receives from that	326
bureau.	327

(3) The superintendent or the superintendent's designee may	328
request criminal history records from other states or the federal	329
government pursuant to the national crime prevention and privacy	330
compact set forth in section 109.571 of the Revised Code.	331

(C)(1) The superintendent shall prescribe a form to obtain	332
the information necessary to conduct a criminal records check from	333
any person for whom a criminal records check is required by	334
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	335
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012,	336
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	337
5153.111 of the Revised Code. The form that the superintendent	338
prescribes pursuant to this division may be in a tangible format,	339
in an electronic format, or in both tangible and electronic	340
formats.	341

(2) The superintendent shall prescribe standard impression	342
sheets to obtain the fingerprint impressions of any person for	343
whom a criminal records check is required by section 121.08,	344
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	345
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	346
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	347
Code. Any person for whom a records check is required by any of	348
those sections shall obtain the fingerprint impressions at a	349
county sheriff's office, municipal police department, or any other	350
entity with the ability to make fingerprint impressions on the	351
standard impression sheets prescribed by the superintendent. The	352
office, department, or entity may charge the person a reasonable	353
fee for making the impressions. The standard impression sheets the	354
superintendent prescribes pursuant to this division may be in a	355
tangible format, in an electronic format, or in both tangible and	356
electronic formats.	357

(3) Subject to division (D) of this section, the	358
superintendent shall prescribe and charge a reasonable fee for	359
providing a criminal records check requested under section 121.08,	360
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	361
3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95,	362
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	363
Code. The person making a criminal records request under section	364
121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	365
3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, 5104.013,	366
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	367
Revised Code shall pay the fee prescribed pursuant to this	368
division. A person making a request under section 3701.881 of the	369
Revised Code for a criminal records check for an applicant who may	370
be both responsible for the care, custody, or control of a child	371
and involved in providing direct care to an older adult shall pay	372
one fee for the request.	373

(4) The superintendent of the bureau of criminal	374
identification and investigation may prescribe methods of	375
forwarding fingerprint impressions and information necessary to	376
conduct a criminal records check, which methods shall include, but	377
not be limited to, an electronic method.	378

(D) A determination whether any information exists that	379
indicates that a person previously has been convicted of or	380
pleaded guilty to any offense listed or described in division	381
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	382
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b),	383
or (A)(9)(a) or (b) of this section that is made by the	384
superintendent with respect to information considered in a	385
criminal records check in accordance with this section is valid	386
for the person who is the subject of the criminal records check	387
for a period of one year from the date upon which the	388
superintendent makes the determination. During the period in which	389
the determination in regard to a person is valid, if another	390
request under this section is made for a criminal records check	391
for that person, the superintendent shall provide the information	392
that is the basis for the superintendent's initial determination	393
at a lower fee than the fee prescribed for the initial criminal	394
records check.	395

(E) As used in this section:

396

(1) "Criminal records check" means any criminal records check	397
conducted by the superintendent of the bureau of criminal	398
identification and investigation in accordance with division (B)	399
of this section.	400

(2) "Home and community-based waiver services" and "waiver	401
agency" have the same meanings as in section 5111.95 of the	402
Revised Code.	403

(3) "Independent provider" has the same meaning as in section	404
5111.96 of the Revised Code.	405

(4) "Minor drug possession offense" has the same meaning as	406
in section 2925.01 of the Revised Code.	407

(5) "Older adult" means a person age sixty or older.

408

Sec. 122.14.  There is hereby created in the state treasury	409
the roadwork development fund. The fund shall consist of the	410
investment earnings of the security deposit fund created by	411
section 4509.27 of the Revised Code and revenue transferred to it	412
by the director of budget and management from the highway	413
operating fund created in section 5735.291 of the Revised Code	414
and. The fund shall be used by the department of development in	415
accordance with Section 5a of Article XII, Ohio Constitution, to	416
make road improvements associated with retaining or attracting	417
business for this state. All investment earnings of the fund shall	418
be credited to the fund.	419

Sec. 307.12.  (A) Except as otherwise provided in divisions	420
(D), (E), and (G) of this section, when the board of county	421
commissioners finds, by resolution, that the county has personal	422
property, including motor vehicles acquired for the use of county	423
officers and departments, and road machinery, equipment, tools, or	424
supplies, which is not needed for public use, is obsolete, or is	425
unfit for the use for which it was acquired, and when the fair	426
market value of the property to be sold or donated under this	427
division is, in the opinion of the board, in excess of two	428
thousand five hundred dollars, the board may do either of the	429
following:	430

(1) Sell the property at public auction or by sealed bid to	431
the highest bidder. Notice of the time, place, and manner of the	432
sale shall be published in a newspaper of general circulation in	433
the county at least ten days prior to the sale, and a typewritten	434
or printed notice of the time, place, and manner of the sale shall	435
be posted at least ten days before the sale in the offices of the	436
county auditor and the board of county commissioners.	437

If a board conducts a sale of property by sealed bid, the	438
form of the bid shall be as prescribed by the board, and each bid	439
shall contain the name of the person submitting it. Bids received	440
shall be opened and tabulated at the time stated in the notice.	441
The property shall be sold to the highest bidder, except that the	442
board may reject all bids and hold another sale, by public auction	443
or sealed bid, in the manner prescribed by this section.	444

(2) Donate any motor vehicle that does not exceed four	445
thousand five hundred dollars in value to a nonprofit organization	446
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	447
and (c)(3) for the purpose of meeting the transportation needs of	448
participants in the Ohio works first program established under	449
Chapter 5107. of the Revised Code and participants in the	450
prevention, retention, and contingency program established under	451
Chapter 5108. of the Revised Code.	452

(B) When the board of county commissioners finds, by	453
resolution, that the county has personal property, including motor	454
vehicles acquired for the use of county officers and departments,	455
and road machinery, equipment, tools, or supplies, which is not	456
needed for public use, is obsolete, or is unfit for the use for	457
which it was acquired, and when the fair market value of the	458
property to be sold or donated under this division is, in the	459
opinion of the board, two thousand five hundred dollars or less,	460
the board may do either of the following:	461

(1) Sell the property by private sale, without advertisement	462
or public notification;	463

(2) Donate the property to an eligible nonprofit organization	464
that is located in this state and is exempt from federal income	465
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	466
any property under this division, the board shall adopt a	467
resolution expressing its intent to make unneeded, obsolete, or	468
unfit-for-use county personal property available to these	469
organizations. The resolution shall include guidelines and	470
procedures the board considers necessary to implement a donation	471
program under this division and shall indicate whether the county	472
will conduct the donation program or the board will contract with	473
a representative to conduct it. If a representative is known when	474
the resolution is adopted, the resolution shall provide contact	475
information such as the representative's name, address, and	476
telephone number.	477

The resolution shall include within its procedures a	478
requirement that any nonprofit organization desiring to obtain	479
donated property under this division shall submit a written notice	480
to the board or its representative. The written notice shall	481
include evidence that the organization is a nonprofit organization	482
that is located in this state and is exempt from federal income	483
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	484
the organization's primary purpose; a description of the type or	485
types of property the organization needs; and the name, address,	486
and telephone number of a person designated by the organization's	487
governing board to receive donated property and to serve as its	488
agent.	489

After adoption of the resolution, the board shall publish, in	490
a newspaper of general circulation in the county, notice of its	491
intent to donate unneeded, obsolete, or unfit-for-use county	492
personal property to eligible nonprofit organizations. The notice	493
shall include a summary of the information provided in the	494
resolution and shall be published at least twice. The second and	495
any subsequent notice shall be published not less than ten nor	496
more than twenty days after the previous notice. A similar notice	497
also shall be posted continually in a conspicuous place in the	498
offices of the county auditor and the board of county	499
commissioners, and, if the county maintains a web site on the	500
internet, the notice shall be posted continually at that web site.	501

The board or its representative shall maintain a list of all	502
nonprofit organizations that notify the board or its	503
representative of their desire to obtain donated property under	504
this division and that the board or its representative determines	505
to be eligible, in accordance with the requirements set forth in	506
this section and in the donation program's guidelines and	507
procedures, to receive donated property.	508

The board or its representatives also shall maintain a list	509
of all county personal property the board finds to be unneeded,	510
obsolete, or unfit for use and to be available for donation under	511
this division. The list shall be posted continually in a	512
conspicuous location in the offices of the county auditor and the	513
board of county commissioners, and, if the county maintains a web	514
site on the internet, the list shall be posted continually at that	515
web site. An item of property on the list shall be donated to the	516
eligible nonprofit organization that first declares to the board	517
or its representative its desire to obtain the item unless the	518
board previously has established, by resolution, a list of	519
eligible nonprofit organizations that shall be given priority with	520
respect to the item's donation. Priority may be given on the basis	521
that the purposes of a nonprofit organization have a direct	522
relationship to specific public purposes of programs provided or	523
administered by the board. A resolution giving priority to certain	524
nonprofit organizations with respect to the donation of an item of	525
property shall specify the reasons why the organizations are given	526
that priority.	527

(C) Members of the board of county commissioners shall	528
consult with the Ohio ethics commission, and comply with the	529
provisions of Chapters 102. and 2921. of the Revised Code, with	530
respect to any sale or donation under division (A) or (B) of this	531
section to a nonprofit organization of which a county	532
commissioner, any member of the county commissioner's family, or	533
any business associate of the county commissioner is a trustee,	534
officer, board member, or employee.	535

(D) Notwithstanding anything to the contrary in division (A),	536
(B), or (E) of this section and regardless of the property's	537
value, the board of county commissioners may sell or donate county	538
personal property, including motor vehicles, to the federal	539
government, the state, or any political subdivision of the state	540
without advertisement or public notification.	541

(E) Notwithstanding anything to the contrary in division (A),	542
(B), or (G) of this section and regardless of the property's	543
value, the board of county commissioners may sell personal	544
property, including motor vehicles acquired for the use of county	545
officers and departments, and road machinery, equipment, tools, or	546
supplies, which is not needed for public use, is obsolete, or is	547
unfit for the use for which it was acquired, by internet auction.	548
The board shall adopt, during each calendar year, a resolution	549
expressing its intent to sell that property by internet auction.	550
The resolution shall include a description of how the auctions	551
will be conducted and shall specify the number of days for bidding	552
on the property, which shall be no less than fifteen days,	553
including Saturdays, Sundays, and legal holidays. The resolution	554
shall indicate whether the county will conduct the auction or the	555
board will contract with a representative to conduct the auction	556
and shall establish the general terms and conditions of sale. If a	557
representative is known when the resolution is adopted, the	558
resolution shall provide contact information such as the	559
representative's name, address, and telephone number.	560

After adoption of the resolution, the board shall publish, in	561
a newspaper of general circulation in the county, notice of its	562
intent to sell unneeded, obsolete, or unfit-for-use county	563
personal property by internet auction. The notice shall include a	564
summary of the information provided in the resolution and shall be	565
published at least twice. The second and any subsequent notice	566
shall be published not less than ten nor more than twenty days	567
after the previous notice. A similar notice also shall be posted	568
continually throughout the calendar year in a conspicuous place in	569
the offices of the county auditor and the board of county	570
commissioners, and, if the county maintains a web site on the	571
internet, the notice shall be posted continually throughout the	572
calendar year at that web site.	573

When property is to be sold by internet auction, the board or	574
its representative may establish a minimum price that will be	575
accepted for specific items and may establish any other terms and	576
conditions for the particular sale, including requirements for	577
pick-up or delivery, method of payment, and sales tax. This type	578
of information shall be provided on the internet at the time of	579
the auction and may be provided before that time upon request	580
after the terms and conditions have been determined by the board	581
or its representative.	582

(F) When a county officer or department head determines that	583
county-owned personal property under the jurisdiction of the	584
officer or department head, including motor vehicles, road	585
machinery, equipment, tools, or supplies, is not of immediate	586
need, the county officer or department head may notify the board	587
of county commissioners, and the board may lease that personal	588
property to any municipal corporation, township, or other	589
political subdivision of the state. The lease shall require the	590
county to be reimbursed under terms, conditions, and fees	591
established by the board, or under contracts executed by the	592
board.	593

(G) If the board of county commissioners finds, by	594
resolution, that the county has vehicles, equipment, or machinery	595
which is not needed, or is unfit for public use, and the board	596
desires to sell the vehicles, equipment, or machinery to the	597
person or firm from which it proposes to purchase other vehicles,	598
equipment, or machinery, the board may offer to sell the vehicles,	599
equipment, or machinery to that person or firm, and to have the	600
selling price credited to the person or firm against the purchase	601
price of other vehicles, equipment, or machinery.	602

(H) If the board of county commissioners advertises for bids	603
for the sale of new vehicles, equipment, or machinery to the	604
county, it may include in the same advertisement a notice of the	605
willingness of the board to accept bids for the purchase of	606
county-owned vehicles, equipment, or machinery which is obsolete	607
or not needed for public use, and to have the amount of those bids	608
subtracted from the selling price of the other vehicles,	609
equipment, or machinery as a means of determining the lowest	610
responsible bidder.	611

(I) If a board of county commissioners determines that county	612
personal property is not needed for public use, or is obsolete or	613
unfit for the use for which it was acquired, and that the property	614
has no value, the board may discard or salvage that property.	615

(J) A county engineer, in the engineer's discretion, may	616
dispose of scrap construction materials on such terms as the	617
engineer determines reasonable, including disposal without	618
recovery of costs, if the total value of the materials does not	619
exceed twenty-five thousand dollars. The engineer shall maintain	620
records of all dispositions made under this division, including	621
identification of the origin of the materials, the final	622
disposition, and copies of all receipts resulting from the	623
dispositions.	624

As used in division (I) of this section, "scrap construction	625
materials" means construction materials that result from a road or	626
bridge improvement, remain after the improvement is completed, and	627
are not reusable. Construction material that is metal and that	628
results from a road or bridge improvement and remains after the	629
improvement is completed is scrap construction material only if it	630
cannot be used in any other road or bridge improvement or other	631
project in its current state.	632

Sec. 315.08.  The county engineer shall perform for the	633
county all duties authorized or declared by law to be done by a	634
registered professional engineer or registered surveyor, except	635
those duties described in sections 307.37 and 307.38 and Chapters	636
343., 6103., and 6117. of the Revised Code. HeThe engineer shall	637
prepare all plans, specifications, details, estimates of cost, and	638
submit forms of contracts for the construction, maintenance, and	639
repair of all bridges, culverts, roads, drains, ditches, roads on	640
county fairgrounds, and other public improvements, except	641
buildings, constructed under the authority of any board within and	642
for the county. The engineer shall not be required to prepare	643
plans, specifications, details, estimates of costs, or forms of	644
contracts for emergency repairs authorized under section 315.13 of	645
the Revised Code, unless he deemsthe engineer determines them	646
necessary.	647

Sec. 315.14.  The county engineer shall be responsible for	648
the inspection of all public improvements made under authority of	649
the board of county commissioners. The engineer shall keep in	650
suitable books a complete record of all estimates and summaries of	651
bids received and contracts for the various improvements, together	652
with the record of all estimates made for payments on that work.	653
The engineer shall make all surveys required by law, shall perform	654
all necessary services to be performed by a registered surveyor or	655
registered professional engineer in connection with the	656
construction, repair, or opening of all county roads or ditches	657
constructed under the authority of the board, and shall perform	658
other duties as the board requires, provided that the duties	659
described in sections 307.37 and 307.38 and Chapters 343., 6103.,	660
and 6117. of the Revised Code shall be performed only pursuant to	661
an agreement between the county engineer and the board; an. An	662
agreement of that type may provide for the county engineer's	663
performance of duties described in one or more of those sections	664
or chapters, and may provide for the county engineer's performance	665
of all duties imposed upon a county sanitary engineer under	666
Chapters 6103. and 6117. of the Revised Code or only the duties	667
imposed upon a county sanitary engineer under Chapter 6117. of the	668
Revised Code in relation to drainage. The board shall determine	669
the compensation for performance of the relevant duties described	670
in sections 307.37 and 307.38 and Chapters 343., 6103., and 6117.	671
of the Revised Code and shall pay the county engineer from funds	672
available under the applicable section or chapter or chapters or	673
from the general fund of the county. The performance of the	674
relevant duties described in sections 307.37 and 307.38 and	675
Chapters 343., 6103., and 6117. of the Revised Code shall not	676
constitute engaging in the private practice of engineering or	677
surveying.	678

Sec. 315.18.  On the application of any person producing to	679
the county engineer a certificate from the proper officer, such	680
the engineer or histhe engineer's deputy shallmay survey all	681
lands whichthat have been sold for taxes, which lie within his	682
the engineer's county. When a portion of any land or lot has been	683
sold for taxes, and, after suchthe sale and before a survey	684
thereofof the land or lot, suchthe land or lot is set off to	685
another county by the erection of a new county or change of county	686
lines, the engineer of the county in which the sale was made shall	687
may make the survey, and the county auditor of the same county	688
shall make the deed.	689

Sec. 2935.03.  (A)(1) A sheriff, deputy sheriff, marshal,	690
deputy marshal, municipal police officer, township constable,	691
police officer of a township or joint township police district,	692
member of a police force employed by a metropolitan housing	693
authority under division (D) of section 3735.31 of the Revised	694
Code, member of a police force employed by a regional transit	695
authority under division (Y) of section 306.35 of the Revised	696
Code, state university law enforcement officer appointed under	697
section 3345.04 of the Revised Code, veterans' home police officer	698
appointed under section 5907.02 of the Revised Code, special	699
police officer employed by a port authority under section 4582.04	700
or 4582.28 of the Revised Code, or a special police officer	701
employed by a municipal corporation at a municipal airport, or	702
other municipal air navigation facility, that has scheduled	703
operations, as defined in section 119.3 of Title 14 of the Code of	704
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	705
required to be under a security program and is governed by	706
aviation security rules of the transportation security	707
administration of the United States department of transportation	708
as provided in Parts 1542. and 1544. of Title 49 of the Code of	709
Federal Regulations, as amended, shall arrest and detain, until a	710
warrant can be obtained, a person found violating, within the	711
limits of the political subdivision, metropolitan housing	712
authority housing project, regional transit authority facilities	713
or areas of a municipal corporation that have been agreed to by a	714
regional transit authority and a municipal corporation located	715
within its territorial jurisdiction, college, university,	716
veterans' home operated under Chapter 5907. of the Revised Code,	717
port authority, or municipal airport or other municipal air	718
navigation facility, in which the peace officer is appointed,	719
employed, or elected, a law of this state, an ordinance of a	720
municipal corporation, or a resolution of a township.	721

(2) A peace officer of the department of natural resources or	722
an individual designated to perform law enforcement duties under	723
section 511.232, 1545.13, or 6101.75 of the Revised Code shall	724
arrest and detain, until a warrant can be obtained, a person found	725
violating, within the limits of the peace officer's or	726
individual's territorial jurisdiction, a law of this state.	727

(3) The house sergeant at arms if the house sergeant at arms	728
has arrest authority pursuant to division (E)(1) of section	729
101.311 of the Revised Code and an assistant house sergeant at	730
arms shall arrest and detain, until a warrant can be obtained, a	731
person found violating, within the limits of the sergeant at	732
arms's or assistant sergeant at arms's territorial jurisdiction	733
specified in division (D)(1)(a) of section 101.311 of the Revised	734
Code or while providing security pursuant to division (D)(1)(f) of	735
section 101.311 of the Revised Code, a law of this state, an	736
ordinance of a municipal corporation, or a resolution of a	737
township.	738

(B)(1) When there is reasonable ground to believe that an	739
offense of violence, the offense of criminal child enticement as	740
defined in section 2905.05 of the Revised Code, the offense of	741
public indecency as defined in section 2907.09 of the Revised	742
Code, the offense of domestic violence as defined in section	743
2919.25 of the Revised Code, the offense of violating a protection	744
order as defined in section 2919.27 of the Revised Code, the	745
offense of menacing by stalking as defined in section 2903.211 of	746
the Revised Code, the offense of aggravated trespass as defined in	747
section 2911.211 of the Revised Code, a theft offense as defined	748
in section 2913.01 of the Revised Code, or a felony drug abuse	749
offense as defined in section 2925.01 of the Revised Code, has	750
been committed within the limits of the political subdivision,	751
metropolitan housing authority housing project, regional transit	752
authority facilities or those areas of a municipal corporation	753
that have been agreed to by a regional transit authority and a	754
municipal corporation located within its territorial jurisdiction,	755
college, university, veterans' home operated under Chapter 5907.	756
of the Revised Code, port authority, or municipal airport or other	757
municipal air navigation facility, in which the peace officer is	758
appointed, employed, or elected or within the limits of the	759
territorial jurisdiction of the peace officer, a peace officer	760
described in division (A) of this section may arrest and detain	761
until a warrant can be obtained any person who the peace officer	762
has reasonable cause to believe is guilty of the violation.	763

(2) For purposes of division (B)(1) of this section, the	764
execution of any of the following constitutes reasonable ground to	765
believe that the offense alleged in the statement was committed	766
and reasonable cause to believe that the person alleged in the	767
statement to have committed the offense is guilty of the	768
violation:	769

(a) A written statement by a person alleging that an alleged	770
offender has committed the offense of menacing by stalking or	771
aggravated trespass;	772

(b) A written statement by the administrator of the	773
interstate compact on mental health appointed under section	774
5119.51 of the Revised Code alleging that a person who had been	775
hospitalized, institutionalized, or confined in any facility under	776
an order made pursuant to or under authority of section 2945.37,	777
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	778
Revised Code has escaped from the facility, from confinement in a	779
vehicle for transportation to or from the facility, or from	780
supervision by an employee of the facility that is incidental to	781
hospitalization, institutionalization, or confinement in the	782
facility and that occurs outside of the facility, in violation of	783
section 2921.34 of the Revised Code;	784

(c) A written statement by the administrator of any facility	785
in which a person has been hospitalized, institutionalized, or	786
confined under an order made pursuant to or under authority of	787
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	788
2945.402 of the Revised Code alleging that the person has escaped	789
from the facility, from confinement in a vehicle for	790
transportation to or from the facility, or from supervision by an	791
employee of the facility that is incidental to hospitalization,	792
institutionalization, or confinement in the facility and that	793
occurs outside of the facility, in violation of section 2921.34 of	794
the Revised Code.	795

(3)(a) For purposes of division (B)(1) of this section, a	796
peace officer described in division (A) of this section has	797
reasonable grounds to believe that the offense of domestic	798
violence or the offense of violating a protection order has been	799
committed and reasonable cause to believe that a particular person	800
is guilty of committing the offense if any of the following	801
occurs:	802

(i) A person executes a written statement alleging that the	803
person in question has committed the offense of domestic violence	804
or the offense of violating a protection order against the person	805
who executes the statement or against a child of the person who	806
executes the statement.	807

(ii) No written statement of the type described in division	808
(B)(3)(a)(i) of this section is executed, but the peace officer,	809
based upon the peace officer's own knowledge and observation of	810
the facts and circumstances of the alleged incident of the offense	811
of domestic violence or the alleged incident of the offense of	812
violating a protection order or based upon any other information,	813
including, but not limited to, any reasonably trustworthy	814
information given to the peace officer by the alleged victim of	815
the alleged incident of the offense or any witness of the alleged	816
incident of the offense, concludes that there are reasonable	817
grounds to believe that the offense of domestic violence or the	818
offense of violating a protection order has been committed and	819
reasonable cause to believe that the person in question is guilty	820
of committing the offense.	821

(iii) No written statement of the type described in division	822
(B)(3)(a)(i) of this section is executed, but the peace officer	823
witnessed the person in question commit the offense of domestic	824
violence or the offense of violating a protection order.	825

(b) If pursuant to division (B)(3)(a) of this section a peace	826
officer has reasonable grounds to believe that the offense of	827
domestic violence or the offense of violating a protection order	828
has been committed and reasonable cause to believe that a	829
particular person is guilty of committing the offense, it is the	830
preferred course of action in this state that the officer arrest	831
and detain that person pursuant to division (B)(1) of this section	832
until a warrant can be obtained.	833

If pursuant to division (B)(3)(a) of this section a peace	834
officer has reasonable grounds to believe that the offense of	835
domestic violence or the offense of violating a protection order	836
has been committed and reasonable cause to believe that family or	837
household members have committed the offense against each other,	838
it is the preferred course of action in this state that the	839
officer, pursuant to division (B)(1) of this section, arrest and	840
detain until a warrant can be obtained the family or household	841
member who committed the offense and whom the officer has	842
reasonable cause to believe is the primary physical aggressor.	843
There is no preferred course of action in this state regarding any	844
other family or household member who committed the offense and	845
whom the officer does not have reasonable cause to believe is the	846
primary physical aggressor, but, pursuant to division (B)(1) of	847
this section, the peace officer may arrest and detain until a	848
warrant can be obtained any other family or household member who	849
committed the offense and whom the officer does not have	850
reasonable cause to believe is the primary physical aggressor.	851

(c) If a peace officer described in division (A) of this	852
section does not arrest and detain a person whom the officer has	853
reasonable cause to believe committed the offense of domestic	854
violence or the offense of violating a protection order when it is	855
the preferred course of action in this state pursuant to division	856
(B)(3)(b) of this section that the officer arrest that person, the	857
officer shall articulate in the written report of the incident	858
required by section 2935.032 of the Revised Code a clear statement	859
of the officer's reasons for not arresting and detaining that	860
person until a warrant can be obtained.	861

(d) In determining for purposes of division (B)(3)(b) of this	862
section which family or household member is the primary physical	863
aggressor in a situation in which family or household members have	864
committed the offense of domestic violence or the offense of	865
violating a protection order against each other, a peace officer	866
described in division (A) of this section, in addition to any	867
other relevant circumstances, should consider all of the	868
following:	869

(i) Any history of domestic violence or of any other violent	870
acts by either person involved in the alleged offense that the	871
officer reasonably can ascertain;	872

(ii) If violence is alleged, whether the alleged violence was	873
caused by a person acting in self-defense;	874

(iii) Each person's fear of physical harm, if any, resulting	875
from the other person's threatened use of force against any person	876
or resulting from the other person's use or history of the use of	877
force against any person, and the reasonableness of that fear;	878

(iv) The comparative severity of any injuries suffered by the	879
persons involved in the alleged offense.	880

(e)(i) A peace officer described in division (A) of this	881
section shall not require, as a prerequisite to arresting or	882
charging a person who has committed the offense of domestic	883
violence or the offense of violating a protection order, that the	884
victim of the offense specifically consent to the filing of	885
charges against the person who has committed the offense or sign a	886
complaint against the person who has committed the offense.	887

(ii) If a person is arrested for or charged with committing	888
the offense of domestic violence or the offense of violating a	889
protection order and if the victim of the offense does not	890
cooperate with the involved law enforcement or prosecuting	891
authorities in the prosecution of the offense or, subsequent to	892
the arrest or the filing of the charges, informs the involved law	893
enforcement or prosecuting authorities that the victim does not	894
wish the prosecution of the offense to continue or wishes to drop	895
charges against the alleged offender relative to the offense, the	896
involved prosecuting authorities, in determining whether to	897
continue with the prosecution of the offense or whether to dismiss	898
charges against the alleged offender relative to the offense and	899
notwithstanding the victim's failure to cooperate or the victim's	900
wishes, shall consider all facts and circumstances that are	901
relevant to the offense, including, but not limited to, the	902
statements and observations of the peace officers who responded to	903
the incident that resulted in the arrest or filing of the charges	904
and of all witnesses to that incident.	905

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	906
this section whether to arrest a person pursuant to division	907
(B)(1) of this section, a peace officer described in division (A)	908
of this section shall not consider as a factor any possible	909
shortage of cell space at the detention facility to which the	910
person will be taken subsequent to the person's arrest or any	911
possibility that the person's arrest might cause, contribute to,	912
or exacerbate overcrowding at that detention facility or at any	913
other detention facility.	914

(g) If a peace officer described in division (A) of this	915
section intends pursuant to divisions (B)(3)(a) to (g) of this	916
section to arrest a person pursuant to division (B)(1) of this	917
section and if the officer is unable to do so because the person	918
is not present, the officer promptly shall seek a warrant for the	919
arrest of the person.	920

(h) If a peace officer described in division (A) of this	921
section responds to a report of an alleged incident of the offense	922
of domestic violence or an alleged incident of the offense of	923
violating a protection order and if the circumstances of the	924
incident involved the use or threatened use of a deadly weapon or	925
any person involved in the incident brandished a deadly weapon	926
during or in relation to the incident, the deadly weapon that was	927
used, threatened to be used, or brandished constitutes contraband,	928
and, to the extent possible, the officer shall seize the deadly	929
weapon as contraband pursuant to section 2933.43 of the Revised	930
Code. Upon the seizure of a deadly weapon pursuant to division	931
(B)(3)(h) of this section, section 2933.43 of the Revised Code	932
shall apply regarding the treatment and disposition of the deadly	933
weapon. For purposes of that section, the "underlying criminal	934
offense" that was the basis of the seizure of a deadly weapon	935
under division (B)(3)(h) of this section and to which the deadly	936
weapon had a relationship is any of the following that is	937
applicable:	938

(i) The alleged incident of the offense of domestic violence	939
or the alleged incident of the offense of violating a protection	940
order to which the officer who seized the deadly weapon responded;	941

(ii) Any offense that arose out of the same facts and	942
circumstances as the report of the alleged incident of the offense	943
of domestic violence or the alleged incident of the offense of	944
violating a protection order to which the officer who seized the	945
deadly weapon responded.	946

(4) If, in the circumstances described in divisions (B)(3)(a)	947
to (g) of this section, a peace officer described in division (A)	948
of this section arrests and detains a person pursuant to division	949
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	950
this section, a peace officer described in division (A) of this	951
section seizes a deadly weapon, the officer, to the extent	952
described in and in accordance with section 9.86 or 2744.03 of the	953
Revised Code, is immune in any civil action for damages for	954
injury, death, or loss to person or property that arises from or	955
is related to the arrest and detention or the seizure.	956

(C) When there is reasonable ground to believe that a	957
violation of division (A)(1), (2), or (3), (4), or (5) of section	958
4506.15 or a violation of section 4511.19 of the Revised Code has	959
been committed by a person operating a motor vehicle subject to	960
regulation by the public utilities commission of Ohio under Title	961
XLIX of the Revised Code, a peace officer with authority to	962
enforce that provision of law may stop or detain the person whom	963
the officer has reasonable cause to believe was operating the	964
motor vehicle in violation of the division or section and, after	965
investigating the circumstances surrounding the operation of the	966
vehicle, may arrest and detain the person.	967

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	968
municipal police officer, member of a police force employed by a	969
metropolitan housing authority under division (D) of section	970
3735.31 of the Revised Code, member of a police force employed by	971
a regional transit authority under division (Y) of section 306.35	972
of the Revised Code, special police officer employed by a port	973
authority under section 4582.04 or 4582.28 of the Revised Code,	974
special police officer employed by a municipal corporation at a	975
municipal airport or other municipal air navigation facility	976
described in division (A) of this section, township constable,	977
police officer of a township or joint township police district,	978
state university law enforcement officer appointed under section	979
3345.04 of the Revised Code, peace officer of the department of	980
natural resources, individual designated to perform law	981
enforcement duties under section 511.232, 1545.13, or 6101.75 of	982
the Revised Code, the house sergeant at arms if the house sergeant	983
at arms has arrest authority pursuant to division (E)(1) of	984
section 101.311 of the Revised Code, or an assistant house	985
sergeant at arms is authorized by division (A) or (B) of this	986
section to arrest and detain, within the limits of the political	987
subdivision, metropolitan housing authority housing project,	988
regional transit authority facilities or those areas of a	989
municipal corporation that have been agreed to by a regional	990
transit authority and a municipal corporation located within its	991
territorial jurisdiction, port authority, municipal airport or	992
other municipal air navigation facility, college, or university in	993
which the officer is appointed, employed, or elected or within the	994
limits of the territorial jurisdiction of the peace officer, a	995
person until a warrant can be obtained, the peace officer, outside	996
the limits of that territory, may pursue, arrest, and detain that	997
person until a warrant can be obtained if all of the following	998
apply:	999

(1) The pursuit takes place without unreasonable delay after	1000
the offense is committed;	1001

(2) The pursuit is initiated within the limits of the	1002
political subdivision, metropolitan housing authority housing	1003
project, regional transit authority facilities or those areas of a	1004
municipal corporation that have been agreed to by a regional	1005
transit authority and a municipal corporation located within its	1006
territorial jurisdiction, port authority, municipal airport or	1007
other municipal air navigation facility, college, or university in	1008
which the peace officer is appointed, employed, or elected or	1009
within the limits of the territorial jurisdiction of the peace	1010
officer;	1011

(3) The offense involved is a felony, a misdemeanor of the	1012
first degree or a substantially equivalent municipal ordinance, a	1013
misdemeanor of the second degree or a substantially equivalent	1014
municipal ordinance, or any offense for which points are	1015
chargeable pursuant to section 4510.036 of the Revised Code.	1016

(E) In addition to the authority granted under division (A)	1017
or (B) of this section:	1018

(1) A sheriff or deputy sheriff may arrest and detain, until	1019
a warrant can be obtained, any person found violating section	1020
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	1021
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	1022
portion of any street or highway that is located immediately	1023
adjacent to the boundaries of the county in which the sheriff or	1024
deputy sheriff is elected or appointed.	1025

(2) A member of the police force of a township police	1026
district created under section 505.48 of the Revised Code, a	1027
member of the police force of a joint township police district	1028
created under section 505.481 of the Revised Code, or a township	1029
constable appointed in accordance with section 509.01 of the	1030
Revised Code, who has received a certificate from the Ohio peace	1031
officer training commission under section 109.75 of the Revised	1032
Code, may arrest and detain, until a warrant can be obtained, any	1033
person found violating any section or chapter of the Revised Code	1034
listed in division (E)(1) of this section, other than sections	1035
4513.33 and 4513.34 of the Revised Code, on the portion of any	1036
street or highway that is located immediately adjacent to the	1037
boundaries of the township police district or joint township	1038
police district, in the case of a member of a township police	1039
district or joint township police district police force, or the	1040
unincorporated territory of the township, in the case of a	1041
township constable. However, if the population of the township	1042
that created the township police district served by the member's	1043
police force, or the townships that created the joint township	1044
police district served by the member's police force, or the	1045
township that is served by the township constable, is sixty	1046
thousand or less, the member of the township police district or	1047
joint police district police force or the township constable may	1048
not make an arrest under division (E)(2) of this section on a	1049
state highway that is included as part of the interstate system.	1050

(3) A police officer or village marshal appointed, elected,	1051
or employed by a municipal corporation may arrest and detain,	1052
until a warrant can be obtained, any person found violating any	1053
section or chapter of the Revised Code listed in division (E)(1)	1054
of this section on the portion of any street or highway that is	1055
located immediately adjacent to the boundaries of the municipal	1056
corporation in which the police officer or village marshal is	1057
appointed, elected, or employed.	1058

(4) A peace officer of the department of natural resources or	1059
an individual designated to perform law enforcement duties under	1060
section 511.232, 1545.13, or 6101.75 of the Revised Code may	1061
arrest and detain, until a warrant can be obtained, any person	1062
found violating any section or chapter of the Revised Code listed	1063
in division (E)(1) of this section, other than sections 4513.33	1064
and 4513.34 of the Revised Code, on the portion of any street or	1065
highway that is located immediately adjacent to the boundaries of	1066
the lands and waters that constitute the territorial jurisdiction	1067
of the peace officer.	1068

(F)(1) A department of mental health special police officer	1069
or a department of mental retardation and developmental	1070
disabilities special police officer may arrest without a warrant	1071
and detain until a warrant can be obtained any person found	1072
committing on the premises of any institution under the	1073
jurisdiction of the particular department a misdemeanor under a	1074
law of the state.	1075

A department of mental health special police officer or a	1076
department of mental retardation and developmental disabilities	1077
special police officer may arrest without a warrant and detain	1078
until a warrant can be obtained any person who has been	1079
hospitalized, institutionalized, or confined in an institution	1080
under the jurisdiction of the particular department pursuant to or	1081
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1082
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	1083
found committing on the premises of any institution under the	1084
jurisdiction of the particular department a violation of section	1085
2921.34 of the Revised Code that involves an escape from the	1086
premises of the institution.	1087

(2)(a) If a department of mental health special police	1088
officer or a department of mental retardation and developmental	1089
disabilities special police officer finds any person who has been	1090
hospitalized, institutionalized, or confined in an institution	1091
under the jurisdiction of the particular department pursuant to or	1092
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	1093
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	1094
violation of section 2921.34 of the Revised Code that involves an	1095
escape from the premises of the institution, or if there is	1096
reasonable ground to believe that a violation of section 2921.34	1097
of the Revised Code has been committed that involves an escape	1098
from the premises of an institution under the jurisdiction of the	1099
department of mental health or the department of mental	1100
retardation and developmental disabilities and if a department of	1101
mental health special police officer or a department of mental	1102
retardation and developmental disabilities special police officer	1103
has reasonable cause to believe that a particular person who has	1104
been hospitalized, institutionalized, or confined in the	1105
institution pursuant to or under authority of section 2945.37,	1106
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	1107
Revised Code is guilty of the violation, the special police	1108
officer, outside of the premises of the institution, may pursue,	1109
arrest, and detain that person for that violation of section	1110
2921.34 of the Revised Code, until a warrant can be obtained, if	1111
both of the following apply:	1112

(i) The pursuit takes place without unreasonable delay after	1113
the offense is committed;	1114

(ii) The pursuit is initiated within the premises of the	1115
institution from which the violation of section 2921.34 of the	1116
Revised Code occurred.	1117

(b) For purposes of division (F)(2)(a) of this section, the	1118
execution of a written statement by the administrator of the	1119
institution in which a person had been hospitalized,	1120
institutionalized, or confined pursuant to or under authority of	1121
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	1122
2945.402 of the Revised Code alleging that the person has escaped	1123
from the premises of the institution in violation of section	1124
2921.34 of the Revised Code constitutes reasonable ground to	1125
believe that the violation was committed and reasonable cause to	1126
believe that the person alleged in the statement to have committed	1127
the offense is guilty of the violation.	1128

(G) As used in this section:

1129

(1) A "department of mental health special police officer"	1130
means a special police officer of the department of mental health	1131
designated under section 5119.14 of the Revised Code who is	1132
certified by the Ohio peace officer training commission under	1133
section 109.77 of the Revised Code as having successfully	1134
completed an approved peace officer basic training program.	1135

(2) A "department of mental retardation and developmental	1136
disabilities special police officer" means a special police	1137
officer of the department of mental retardation and developmental	1138
disabilities designated under section 5123.13 of the Revised Code	1139
who is certified by the Ohio peace officer training council under	1140
section 109.77 of the Revised Code as having successfully	1141
completed an approved peace officer basic training program.	1142

(3) "Deadly weapon" has the same meaning as in section	1143
2923.11 of the Revised Code.	1144

(4) "Family or household member" has the same meaning as in	1145
section 2919.25 of the Revised Code.	1146

(5) "Street" or "highway" has the same meaning as in section	1147
4511.01 of the Revised Code.	1148

(6) "Interstate system" has the same meaning as in section	1149
5516.01 of the Revised Code.	1150

(7) "Peace officer of the department of natural resources"	1151
means an employee of the department of natural resources who is a	1152
natural resources law enforcement staff officer designated	1153
pursuant to section 1501.013 of the Revised Code, a forest officer	1154
designated pursuant to section 1503.29 of the Revised Code, a	1155
preserve officer designated pursuant to section 1517.10 of the	1156
Revised Code, a wildlife officer designated pursuant to section	1157
1531.13 of the Revised Code, a park officer designated pursuant to	1158
section 1541.10 of the Revised Code, or a state watercraft officer	1159
designated pursuant to section 1547.521 of the Revised Code.	1160

Sec. 4501.04.  All moneys paid into the auto registration	1161
distribution fund under section 4501.03 of the Revised Code,	1162
except moneys received under sectionssection 4504.09 of the	1163
Revised Code and moneys received under section 4503.02 of the	1164
Revised Code in accordance with section 4501.13 of the Revised	1165
Code, and except moneys paid for costs of audits under section	1166
4501.03 of the Revised Code, after receipt by the treasurer of	1167
state of certifications from the commissioners of the sinking fund	1168
certifying, as required by sections 5528.15 and 5528.35 of the	1169
Revised Code, that there are sufficient moneys to the credit of	1170
the highway improvement bond retirement fund created by section	1171
5528.12 of the Revised Code to meet in full all payments of	1172
interest, principal, and charges for the retirement of bonds and	1173
other obligations issued pursuant to Section 2g of Article VIII,	1174
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	1175
Code, due and payable during the current calendar year, and that	1176
there are sufficient moneys to the credit of the highway	1177
obligations bond retirement fund created by section 5528.32 of the	1178
Revised Code to meet in full all payments of interest, principal,	1179
and charges for the retirement of highway obligations issued	1180
pursuant to Section 2i of Article VIII, Ohio Constitution, and	1181
sections 5528.30 and 5528.31 of the Revised Code due and payable	1182
during the current calendar year, shall be distributed as follows:	1183

(A) Thirty-four per cent of all such moneys are for the use	1184
of the municipal corporation or county which constitutes the	1185
district of registration. The portion of such money due to the	1186
municipal corporation shall be paid into its treasury forthwith	1187
upon receipt by the county auditor, and shall be used to plan,	1188
construct, reconstruct, repave, widen, maintain, repair, clear,	1189
and clean public highways, roads, and streets; to maintain and	1190
repair bridges and viaducts; to purchase, erect, and maintain	1191
street and traffic signs and markers; to purchase, erect, and	1192
maintain traffic lights and signals; to pay the principal,	1193
interest, and charges on bonds and other obligations issued	1194
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1195
to section 5531.09 of the Revised Code for the purpose of	1196
acquiring or constructing roads, highways, bridges, or viaducts,	1197
or acquiring or making other highway improvements for which the	1198
municipal corporation may issue bonds; and to supplement revenue	1199
already available for such purposes.	1200

The county portion of such funds shall be retained in the	1201
county treasury and shall be used for the planning, maintenance,	1202
repair, construction, and repaving of public streets, and	1203
maintaining and repairing bridges and viaducts; the payment of	1204
principal, interest, and charges on bonds and other obligations	1205
issued pursuant to Chapter 133. of the Revised Code or incurred	1206
pursuant to section 5531.09 of the Revised Code for the purpose of	1207
acquiring or constructing roads, highways, bridges, or viaducts or	1208
acquiring or making other highway improvements for which the board	1209
of county commissioners may issue bonds under such chapter; and	1210
for no other purpose.	1211

(B) Five per cent of all such moneys, together with interest	1212
earned by the treasurer of state as provided in section 4501.03 of	1213
the Revised Code, shall constitute a fund for the use of the	1214
several counties for the purposes specified in division (C) of	1215
this section. The moneys shall be divided equally among all the	1216
counties in the state and shall be paid out by the registrar of	1217
motor vehicles in equal proportions to the county auditor of each	1218
county within the state.	1219

(C) Forty-seven per cent of all such moneys shall be for the	1220
use of the county in which the owner resides or in which the place	1221
is located at which the established business or branch business in	1222
connection with which the motor vehicle registered is used, for	1223
the planning, construction, reconstruction, improvement,	1224
maintenance, and repair of roads and highways; maintaining and	1225
repairing bridges and viaducts; and the payment of principal,	1226
interest, and charges on bonds and other obligations issued	1227
pursuant to Chapter 133. of the Revised Code or incurred pursuant	1228
to section 5531.09 of the Revised Code for the purpose of	1229
acquiring or constructing roads, highways, bridges, or viaducts or	1230
acquiring or making other highway improvements for which the board	1231
of county commissioners may issue bonds under such chapter.	1232

(D) Nine per cent of all such moneys shall be for the use of	1233
the several counties for the purposes specified in division (C) of	1234
this section and shall be distributed to the several counties in	1235
the ratio which the total number of miles of county roads under	1236
the jurisdiction of each board of county commissioners in each	1237
county bears to the total number of miles of county roads in the	1238
state, as determined by the director of transportation. Before	1239
such distribution is made each board of county commissioners shall	1240
certify in writing to the director the actual number of miles	1241
under its statutory jurisdiction which are used by and maintained	1242
for the public.	1243

(E) Five per cent of all such moneys shall be for the use of	1244
the several townships and shall be distributed to the several	1245
townships in the ratio which the total number of miles of township	1246
roads under the jurisdiction of each board of township trustees in	1247
each township bears to the total number of miles of township roads	1248
in the state, as determined by the director of transportation.	1249
Before such distribution is made each board of township trustees	1250
shall certify in writing to the director the actual number of	1251
miles under its statutory jurisdiction which are used by and	1252
maintained for the public.	1253

Sec. 4501.06.  The taxes, fees, and fines levied, charged, or	1254
referred to in division (C)(1) of section 4503.10, division (D) of	1255
section 4503.182, division (A) of section 4508.06, and sections	1256
4505.11, 4505.111, 4506.08, 4506.09, 4507.23, 4508.05, 4923.12,	1257
and 5502.12 of the Revised Code, unless otherwise designated by	1258
law, shall be deposited in the state treasury to the credit of the	1259
state highway safety fund, which is hereby created, and shall,	1260
after receipt of certifications from the commissioners of the	1261
sinking fund certifying, as required by sections 5528.15 and	1262
5528.35 of the Revised Code, that there are sufficient moneys to	1263
the credit of the highway improvement bond retirement fund created	1264
by section 5528.12 of the Revised Code to meet in full all	1265
payments of interest, principal, and charges for the retirement of	1266
bonds and other obligations issued pursuant to Section 2g of	1267
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	1268
of the Revised Code due and payable during the current calendar	1269
year, and that there are sufficient moneys to the credit of the	1270
highway obligations bond retirement fund created by section	1271
5528.32 of the Revised Code to meet in full all payments of	1272
interest, principal, and charges for the retirement of highway	1273
obligations issued pursuant to Section 2i of Article VIII, Ohio	1274
Constitution, and sections 5528.30 and 5528.31 of the Revised Code	1275
due and payable during the current calendar year, be used for the	1276
purpose of enforcing and paying the expenses of administering the	1277
law relative to the registration and operation of motor vehicles	1278
on the public roads or highways. Amounts credited to the fund may	1279
also be used to pay the expenses of administering and enforcing	1280
the laws under which such fees were collected. All investment	1281
earnings of the state highway safety fund shall be credited to the	1282
fund.	1283

Sec. 4501.21.  (A) There is hereby created in the state	1284
treasury the license plate contribution fund. The fund shall	1285
consist of all contributions paid by motor vehicle registrants and	1286
collected by the registrar of motor vehicles pursuant to sections	1287
4503.491, 4503.50, 4503.501, 4503.502, 4503.51, 4503.522,	1288
4503.545, 4503.55, 4503.551, 4503.552, 4503.561, 4503.562,	1289
4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72,	1290
4503.73, 4503.74, and 4503.75, and 4503.85 of the Revised Code.	1291

(B) The registrar shall disbursepay the contributions the	1292
registrar collects in the fund as follows:	1293

(1) The registrar shall pay the contributions received	1294
pursuant to section 4503.491 of the Revised Code to the breast	1295
cancer fund of Ohio, which shall use that money only to pay for	1296
programs that provide assistance and education to Ohio breast	1297
cancer patients and that improve access for such patients to	1298
quality health care and clinical trials and shall not use any of	1299
the money for abortion information, counseling, services, or other	1300
abortion-related activities.	1301

(2) The registrar shall pay the contributions the registrar	1302
receives pursuant to section 4503.50 of the Revised Code to the	1303
future farmers of America foundation, which shall deposit the	1304
contributions into its general account to be used for educational	1305
and scholarship purposes of the future farmers of America	1306
foundation.	1307

(3) The registrar shall pay the contributions the registrar	1308
receives pursuant to section 4503.501 of the Revised Code to the	1309
4-H youth development program of the Ohio state university	1310
extension program, which shall use those contributions to pay the	1311
expenses it incurs in conducting its educational activities.	1312

(4) The registrar shall pay the contributions received	1313
pursuant to section 4503.502 of the Revised Code to the Ohio	1314
cattlemen's foundation, which shall use those contributions for	1315
scholarships and other educational activities.	1316

(5) The registrar shall pay each contribution the registrar	1317
receives pursuant to section 4503.51 of the Revised Code to the	1318
university or college whose name or marking or design appears on	1319
collegiate license plates that are issued to a person under that	1320
section. A university or college that receives contributions from	1321
the fund shall deposit the contributions into its general	1322
scholarship fund.	1323

(6) The registrar shall pay the contributions the registrar	1324
receives pursuant to section 4503.522 of the Revised Code to the	1325
"friends of Perry's victory and international peace memorial,	1326
incorporated," a nonprofit corporation organized under the laws of	1327
this state, to assist that organization in paying the expenses it	1328
incurs in sponsoring or holding charitable, educational, and	1329
cultural events at the monument.	1330

(7) The registrar shall pay the contributions the registrar	1331
receives pursuant to section 4503.55 of the Revised Code to the	1332
pro football hall of fame, which shall deposit the contributions	1333
into a special bank account that it establishes and which shall be	1334
separate and distinct from any other account the pro football hall	1335
of fame maintains, to be used exclusively for the purpose of	1336
promoting the pro football hall of fame as a travel destination.	1337

(8) The registrar shall pay the contributions that are paid	1338
to the registrar pursuant to section 4503.545 of the Revised Code	1339
to the national rifle association foundation, which shall use the	1340
money to pay the costs of the educational activities and programs	1341
the foundation holds or sponsors in this state.	1342

(9) In accordance with section 955.202 of the Revised Code,	1343
the registrar shall pay to the pets program funding board created	1344
by that section the contributions the registrar receives pursuant	1345
to section 4503.551 of the Revised Code and any other money from	1346
any other source, including donations, gifts, and grants, that is	1347
designated by the source to be paid to the pets program funding	1348
board. The board shall use the moneys it receives under this	1349
section only to support programs for the sterilization of dogs and	1350
cats and for educational programs concerning the proper veterinary	1351
care of those animals.	1352

(10) The registrar shall pay the contributions the registrar	1353
receives pursuant to section 4503.552 of the Revised Code to the	1354
rock and roll hall of fame and museum, incorporated.	1355

(11) The registrar shall pay the contributions the registrar	1356
receives pursuant to section 4503.561 of the Revised Code to the	1357
state of Ohio chapter of ducks unlimited, inc., which shall	1358
deposit the contributions into a special bank account that it	1359
establishes. The special bank account shall be separate and	1360
distinct from any other account the state of Ohio chapter of ducks	1361
unlimited, inc., maintains and shall be used exclusively for the	1362
purpose of protecting, enhancing, restoring, and managing wetlands	1363
and conserving wildlife habitat. The state of Ohio chapter of	1364
ducks unlimited, inc., annually shall notify the registrar in	1365
writing of the name, address, and account to which payments are to	1366
be made under division (B)(11) of this section.	1367

(12) The registrar shall pay the contributions the registrar	1368
receives pursuant to section 4503.562 of the Revised Code to the	1369
Mahoning river consortium, which shall use the money to pay the	1370
expenses it incurs in restoring and maintaining the Mahoning river	1371
watershed.	1372

(13)(a) The registrar shall pay to a sports commission	1373
created pursuant to section 4503.591 of the Revised Code each	1374
contribution the registrar receives under that section that an	1375
applicant pays to obtain license plates that bear the logo of a	1376
professional sports team located in the county of that sports	1377
commission and that is participating in the license plate program	1378
pursuant to division (E) of that section, irrespective of the	1379
county of residence of an applicant.	1380

(b) The registrar shall pay to a community charity each	1381
contribution the registrar receives under section 4503.591 of the	1382
Revised Code that an applicant pays to obtain license plates that	1383
bear the logo of a professional sports team that is participating	1384
in the license plate program pursuant to division (G) of that	1385
section.	1386

(14) The registrar shall pay the contributions the registrar	1387
receives pursuant to section 4503.67 of the Revised Code to the	1388
Dan Beard council of the boy scouts of America. The council shall	1389
distribute all contributions in an equitable manner throughout the	1390
state to regional councils of the boy scouts.	1391

(15) The registrar shall pay the contributions the registrar	1392
receives pursuant to section 4503.68 of the Revised Code to the	1393
great river council of the girl scouts of the United States of	1394
America. The council shall distribute all contributions in an	1395
equitable manner throughout the state to regional councils of the	1396
girl scouts.	1397

(16) The registrar shall pay the contributions the registrar	1398
receives pursuant to section 4503.69 of the Revised Code to the	1399
Dan Beard council of the boy scouts of America. The council shall	1400
distribute all contributions in an equitable manner throughout the	1401
state to regional councils of the boy scouts.	1402

(17) The registrar shall pay the contributions the registrar	1403
receives pursuant to section 4503.71 of the Revised Code to the	1404
fraternal order of police of Ohio, incorporated, which shall	1405
deposit the fees into its general account to be used for purposes	1406
of the fraternal order of police of Ohio, incorporated.	1407

(18) The registrar shall pay the contributions the registrar	1408
receives pursuant to section 4503.711 of the Revised Code to the	1409
fraternal order of police of Ohio, incorporated, which shall	1410
deposit the contributions into an account that it creates to be	1411
used for the purpose of advancing and protecting the law	1412
enforcement profession, promoting improved law enforcement	1413
methods, and teaching respect for law and order.	1414

(19) The registrar shall pay the contributions the registrar	1415
receives pursuant to section 4503.72 of the Revised Code to the	1416
organization known on March 31, 2003, as the Ohio CASA/GAL	1417
association, a private, nonprofit corporation organized under	1418
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	1419
shall use these contributions to pay the expenses it incurs in	1420
administering a program to secure the proper representation in the	1421
courts of this state of abused, neglected, and dependent children,	1422
and for the training and supervision of persons participating in	1423
that program.	1424

(20) The registrar shall pay the contributions the registrar	1425
receives pursuant to section 4503.73 of the Revised Code to Wright	1426
B. Flyer, incorporated, which shall deposit the contributions into	1427
its general account to be used for purposes of Wright B. Flyer,	1428
incorporated.	1429

(21) The registrar shall pay the contributions the registrar	1430
receives pursuant to section 4503.74 of the Revised Code to the	1431
Columbus zoological park association, which shall disburse the	1432
moneys to Ohio's major metropolitan zoos, as defined in section	1433
4503.74 of the Revised Code, in accordance with a written	1434
agreement entered into by the major metropolitan zoos.	1435

(22) The registrar shall pay the contributions the registrar	1436
receives pursuant to section 4503.75 of the Revised Code to the	1437
rotary foundation, located on March 31, 2003, in Evanston,	1438
Illinois, to be placed in a fund known as the permanent fund and	1439
used to endow educational and humanitarian programs of the rotary	1440
foundation.	1441

(23) The registrar shall pay the contributions the registrar	1442
receives pursuant to section 4503.85 of the Revised Code to the	1443
Ohio sea grant college program to be used for Lake Erie area	1444
research projects.	1445

(C) All investment earnings of the license plate contribution	1446
fund shall be credited to the fund. Not later than the first day	1447
of May of every year, the registrar shall distribute to each	1448
entity described in divisions (B)(1) to (22)(23) of this section	1449
the investment income the fund earned the previous calendar year.	1450
The amount of such a distribution paid to an entity shall be	1451
proportionate to the amount of money the entity received from the	1452
fund during the previous calendar year.	1453

Sec. 4501.26.  The unidentified motor vehiclepublic safety	1454
receipts fund is hereby created in the state treasury. The fund	1455
shall consist of money received by the bureau of motor vehicles	1456
department of public safety that is provisional in nature or for	1457
which proper identification or disposition cannot immediately be	1458
determined. Refunds and other disbursements from the fund shall be	1459
made once proper identification and disposition is determined. All	1460
investment earnings of the fund shall be credited to the fund.	1461

Sec. 4503.02.  An annual license tax is hereby levied upon	1462
the operation of motor vehicles on the public roads or highways,	1463
for the purpose of enforcing and paying the expense of	1464
administering the law relative to the registration and operation	1465
of such vehicles; planning, constructing, maintaining, and	1466
repairing public roads, highways, and streets; maintaining and	1467
repairing bridges and viaducts; paying the counties' proportion of	1468
the cost and expenses of cooperating with the department of	1469
transportation in the planning, improvement, and construction of	1470
state highways; paying the counties' portion of the compensation,	1471
damages, cost, and expenses of planning, constructing,	1472
reconstructing, improving, maintaining, and repairing roads;	1473
paying the principal, interest, and charges on county bonds and	1474
other obligations issued pursuant to Chapter 133. of the Revised	1475
Code or incurred pursuant to section 5531.09 of the Revised Code	1476
for highway improvements; for the purpose of providing motorcycle	1477
safety and education instruction; enabling municipal corporations	1478
to plan, construct, reconstruct, repave, widen, maintain, repair,	1479
clear, and clean public highways, roads, and streets; paying the	1480
principal, interest, and other charges on municipal bonds and	1481
other obligations issued pursuant to Chapter 133. of the Revised	1482
Code or incurred pursuant to section 5531.09 of the Revised Code	1483
for highway improvements; to maintain and repair bridges and	1484
viaducts; to purchase, erect, and maintain street and traffic	1485
signs and markers; to purchase, erect, and maintain traffic lights	1486
and signals; to supplement revenue already available for such	1487
purposes; to pay the interest, principal, and charges on bonds and	1488
other obligations issued pursuant to Section 2i of Article VIII,	1489
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	1490
Code. Such tax shall be at the rates specified in sections 4503.04	1491
and 4503.042 of the Revised Code. Under section 4503.04 of the	1492
Revised Code, the tax shall be paid to and collected by the	1493
registrar of motor vehicles or deputy registrar at the time of	1494
making application for registration. Under section 4503.042 of the	1495
Revised Code, the tax shall be paid to and collected by the	1496
registrar at the time and manner set forth by himthe registrar by	1497
rule.	1498

Sec. 4503.103.  (A)(1)(a)(i) The registrar of motor vehicles	1499
may adopt rules to permit any person or lessee, other than a	1500
person receiving an apportioned license plate under the	1501
international registration plan, who owns or leases one or more	1502
motor vehicles to file a written application for registration for	1503
no more than five succeeding registration years. The rules adopted	1504
by the registrar may designate the classes of motor vehicles that	1505
are eligible for such registration. At the time of application,	1506
all annual taxes and fees shall be paid for each year for which	1507
the person is registering.	1508

(ii) The registrar shall adopt rules to permit any person or	1509
lessee who owns or leases two or more trailers or semitrailers	1510
that are subject to the tax rates prescribed in section 4503.042	1511
of the Revised Code for such trailers or semitrailers to file a	1512
written application for registration for not more than five	1513
succeeding registration years. At the time of application, all	1514
annual taxes and fees shall be paid for each year for which the	1515
person is registering.	1516

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	1517
section, the registrar shall adopt rules to permit any person who	1518
owns a motor vehicle to file an application for registration for	1519
the next two succeeding registration years. At the time of	1520
application, the person shall pay the annual taxes and fees for	1521
each registration year, calculated in accordance with division (C)	1522
of section 4503.11 of the Revised Code. A person who is	1523
registering a vehicle under division (A)(1)(b) of this section	1524
shall pay for each year of registration the additional fee	1525
established under division (C)(1) of section 4503.10 of the	1526
Revised Code. The person shall also pay one and one-half times the	1527
amount of the deputy registrar service fee specified in division	1528
(D) of section 4503.10 of the Revised Code or the bureau of motor	1529
vehicles service fee specified in division (G) of that section, as	1530
applicable.	1531

(ii) Division (A)(1)(b)(i) of this section does not apply to	1532
a person receiving an apportioned license plate under the	1533
international registration plan, or the owner of a commercial car	1534
used solely in intrastate commerce, or the owner of a bus as	1535
defined in section 4513.50 of the Revised Code.	1536

(2) No person applying for a multi-year registration under	1537
division (A)(1) of this section is entitled to a refund of any	1538
taxes or fees paid.	1539

(3) The registrar shall not issue to any applicant who has	1540
been issued a final, nonappealable order under division (B) of	1541
this section a multi-year registration or renewal thereof under	1542
this division or rules adopted under it for any motor vehicle that	1543
is required to be inspected under section 3704.14 of the Revised	1544
Code the district of registration of which, as determined under	1545
section 4503.10 of the Revised Code, is or is located in the	1546
county named in the order.	1547

(B) Upon receipt from the director of environmental	1548
protection of a notice issued under division (J) of section	1549
3704.14 of the Revised Code indicating that an owner of a motor	1550
vehicle that is required to be inspected under that section who	1551
obtained a multi-year registration for the vehicle under division	1552
(A) of this section or rules adopted under that division has not	1553
obtained an inspection certificate for the vehicle in accordance	1554
with that section in a year intervening between the years of	1555
issuance and expiration of the multi-year registration in which	1556
the owner is required to have the vehicle inspected and obtain an	1557
inspection certificate for it under division (F)(1)(a) of that	1558
section, the registrar in accordance with Chapter 119. of the	1559
Revised Code shall issue an order to the owner impounding the	1560
certificate of registration and identification license plates for	1561
the vehicle. The order also shall prohibit the owner from	1562
obtaining or renewing a multi-year registration for any vehicle	1563
that is required to be inspected under that section, the district	1564
of registration of which is or is located in the same county as	1565
the county named in the order during the number of years after	1566
expiration of the current multi-year registration that equals the	1567
number of years for which the current multi-year registration was	1568
issued.	1569

An order issued under this division shall require the owner	1570
to surrender to the registrar the certificate of registration and	1571
license plates for the vehicle named in the order within five days	1572
after its issuance. If the owner fails to do so within that time,	1573
the registrar shall certify that fact to the county sheriff or	1574
local police officials who shall recover the certificate of	1575
registration and license plates for the vehicle.	1576

(C) Upon the occurrence of either of the following	1577
circumstances, the registrar in accordance with Chapter 119. of	1578
the Revised Code shall issue to the owner a modified order	1579
rescinding the provisions of the order issued under division (B)	1580
of this section impounding the certificate of registration and	1581
license plates for the vehicle named in that original order:	1582

(1) Receipt from the director of environmental protection of	1583
a subsequent notice under division (J) of section 3704.14 of the	1584
Revised Code that the owner has obtained the inspection	1585
certificate for the vehicle as required under division (F)(1)(a)	1586
of that section;	1587

(2) Presentation to the registrar by the owner of the	1588
required inspection certificate for the vehicle.	1589

(D) The owner of a motor vehicle for which the certificate of	1590
registration and license plates have been impounded pursuant to an	1591
order issued under division (B) of this section, upon issuance of	1592
a modified order under division (C) of this section, may apply to	1593
the registrar for their return. A fee of two dollars and fifty	1594
cents shall be charged for the return of the certificate of	1595
registration and license plates for each vehicle named in the	1596
application.	1597

Sec. 4503.26.  As used in this section, "registration	1598
information" means information in license plate applications on	1599
file with the bureau of motor vehicles.	1600

The director of public safety may advertise for and accept	1601
sealed bids for the preparation of lists containing registration	1602
information in such form as the director authorizes. Where the	1603
expenditure is more than five hundred dollars, the director shall	1604
give notice to bidders as provided in section 5513.01 of the	1605
Revised Code as for purchases by the department of transportation.	1606
The notice shall include the latest date, as determined by the	1607
director, on which bids will be accepted and the date, also	1608
determined by the director, on which bids will be opened by the	1609
director at the central office of the department of public safety.	1610
The contract to prepare the list shall be awarded to the lowest	1611
responsive and responsible bidder, in accordance with section	1612
9.312 of the Revised Code, provided there is compliance with the	1613
specifications. Such contract shall not extend beyond twenty-four	1614
consecutive registration periods as provided in section 4503.101	1615
of the Revised Code. The successful bidder shall furnish without	1616
charge a complete list to the bureau of motor vehicles, and shall	1617
also furnish without charge to the county sheriffs or chiefs of	1618
police in cities, at such times and in such manner as the director	1619
determines necessary, lists of registration information for the	1620
county in which they are situated. The registrar shall provide to	1621
the successful bidder all necessary information for the	1622
preparation of such lists.	1623

The registrar may, upon application of any person and payment	1624
of the proper fee, search the records of the bureau and make	1625
reports thereof, and make photographic copies of the bureau	1626
records and attestations thereof.	1627

Fees therefor are as follows:

1628

(A) For searches of the records and written reports thereof,	1629
one dollar and fifty centstwo dollars for each name, number, or	1630
fact searched or reported on.;	1631

(B) For photographic copies of records and attestations	1632
thereof, under the signature and seal of the registrar, two	1633
dollars a copy. Such copy is prima-facie evidence of the facts	1634
therein stated, in any court.	1635

The registrar shall receive these fees and deposit them into	1636
the state treasury to the credit of the state bureau of motor	1637
vehicles safety fund established in section 4501.25 of the Revised	1638
Code.	1639

Sec. 4503.40.  The registrar of motor vehicles shall be	1640
allowed a fee, not to exceed ten dollars, for each application	1641
received by the registrar for special state reserved license plate	1642
numbers and the issuing of such licenses, and validation stickers,	1643
in the several series as the registrar may designate. The fee	1644
shall be in addition to the license tax established by this	1645
chapter and, where applicable, Chapter 4504. of the Revised Code.	1646
Seven dollars and fifty cents of the fee shall be for the purpose	1647
of compensating the bureau of motor vehicles for additional	1648
services required in the issuing of such licenses, and the	1649
remaining two dollars and fifty cents shall be transmitted	1650
deposited by the registrar to the treasurer of state for deposit	1651
in the highway operatinginto the state treasury to the credit of	1652
the state highway safety fund created by section 5735.2914501.06	1653
of the Revised Code. The types of motor vehicles for which special	1654
state reserved license plates may be issued in accordance with	1655
this section shall include at least motorcycles, buses, passenger	1656
cars, and noncommercial motor vehicles.	1657

Sec. 4503.42.  The registrar of motor vehicles shall be	1658
allowed a fee of not to exceed thirty-five dollars, which shall be	1659
in addition to the regular license fee for tags as prescribed	1660
under section 4503.04 of the Revised Code and any tax levied under	1661
section 4504.02 or 4504.06 of the Revised Code, for each	1662
application received by the registrar for special reserved license	1663
plate numbers containing more than three letters or numerals, and	1664
the issuing of such licenses and validation stickers in the	1665
several series as the registrar may designate. Five dollars of the	1666
fee shall be for the purpose of compensating the bureau of motor	1667
vehicles for additional services required in the issuing of such	1668
licenses and validation stickers, and the remaining thirty dollars	1669
shall be transmitteddeposited by the registrar to the treasurer	1670
of state for deposit in the highway operatinginto the state	1671
treasury to the credit of the state highway safety fund created by	1672
section 5735.2914501.06 of the Revised Code.	1673

This section does not apply to the issuance of reserved	1674
license plates as authorized by sections 4503.14, 4503.15, and	1675
4503.40 of the Revised Code. The types of motor vehicles for which	1676
license plate numbers containing more than three letters or	1677
numerals may be issued in accordance with this section shall	1678
include at least buses, passenger cars, and noncommercial motor	1679
vehicles.	1680

Sec. 4503.85. (A) The owner or lessee of any passenger car,	1681
noncommercial motor vehicle, motor home, or other vehicle of a	1682
class approved by the registrar of motor vehicles may apply to the	1683
registrar for the registration of the vehicle and issuance of	1684
"Fish Lake Erie" license plates. The application for "Fish Lake	1685
Erie" license plates may be combined with a request for a special	1686
reserved license plate under section 4503.40 or 4503.42 of the	1687
Revised Code. Upon receipt of the completed application and	1688
compliance with division (B) of this section, the registrar shall	1689
issue to the applicant the appropriate vehicle registration, a set	1690
of "Fish Lake Erie" license plates, and a validation sticker, or a	1691
validation sticker alone when required by section 4503.191 of the	1692
Revised Code.	1693

In addition to the letters and numbers ordinarily inscribed	1694
on the license plates, "Fish Lake Erie" license plates shall be	1695
inscribed with identifying words or markings designed by the Ohio	1696
sea grant college program and approved by the registrar. "Fish	1697
Lake Erie" license plates shall bear county identification	1698
stickers that identify the county of registration by name or	1699
number.	1700

(B) "Fish Lake Erie" license plates and a validation sticker	1701
or, when applicable, a validation sticker alone shall be issued	1702
upon receipt of an application for registration of a motor vehicle	1703
submitted under this section and a contribution as provided in	1704
division (C) of this section, payment of the regular license tax	1705
as prescribed under section 4503.04 of the Revised Code, any	1706
applicable motor vehicle tax levied under Chapter 4504. of the	1707
Revised Code, and an additional fee of ten dollars, and compliance	1708
with all other applicable laws relating to the registration of	1709
motor vehicles. If the application for "Fish Lake Erie" license	1710
plates is combined with a request for a special reserved license	1711
plate under section 4503.40 or 4503.42 of the Revised Code, the	1712
license plates and validation sticker or validation sticker alone	1713
shall be issued upon payment of the fees and taxes referred to or	1714
established in this division plus the additional fee prescribed in	1715
section 4503.40 or 4503.42 of the Revised Code.	1716

(C) For each application for registration and registration	1717
renewal that the registrar receives under this section, the	1718
registrar shall collect a contribution of fifteen dollars. The	1719
registrar shall deposit this contribution into the state treasury	1720
to the credit of the license plate contribution fund created in	1721
section 4501.21 of the Revised Code.	1722

The additional fee of ten dollars described in division (B)	1723
of this section shall be for the purpose of compensating the	1724
bureau of motor vehicles for additional services required in	1725
issuing license plates under this section. The registrar shall	1726
deposit that fee into the state treasury to the credit of the	1727
state bureau of motor vehicles fund created by section 4501.25 of	1728
the Revised Code.	1729

Sec. 4504.02.  For the purpose of paying the costs of	1730
enforcing and administering the tax provided for in this section;	1731
and for planning, constructing, improving, maintaining, and	1732
repairing public roads, highways, and streets; maintaining and	1733
repairing bridges and viaducts; paying the county's portion of the	1734
costs and expenses of cooperating with the department of	1735
transportation in the planning, improvement, and construction of	1736
state highways; paying the county's portion of the compensation,	1737
damages, cost, and expenses of planning, constructing,	1738
reconstructing, improving, maintaining, and repairing roads;	1739
paying any costs apportioned to the county under section 4907.47	1740
of the Revised Code; paying debt service charges on notes or bonds	1741
of the county issued for such purposes; paying all or part of the	1742
costs and expenses of municipal corporations in planning,	1743
constructing, reconstructing, improving, maintaining, and	1744
repairing highways, roads, and streets designated as necessary or	1745
conducive to the orderly and efficient flow of traffic within and	1746
through the county pursuant to section 4504.03 of the Revised	1747
Code; purchasing, erecting, and maintaining street and traffic	1748
signs and markers; purchasing, erecting, and maintaining traffic	1749
lights and signals; and to supplement revenue already available	1750
for such purposes, any county by resolution adopted by its board	1751
of county commissioners may levy an annual license tax, in	1752
addition to the tax levied by sections 4503.02, 4503.07, and	1753
4503.18 of the Revised Code, upon the operation of motor vehicles	1754
on the public roads or highways. Such tax shall be at the rate of	1755
five dollars per motor vehicle on all motor vehicles the district	1756
of registration of which, as defined in section 4503.10 of the	1757
Revised Code, is located in the county levying the tax and shall	1758
be in addition to the taxes at the rates specified in sections	1759
4503.04 and 4503.16 of the Revised Code, subject to reductions in	1760
the manner provided in section 4503.11 of the Revised Code and the	1761
exemptions provided in sections 4503.16, 4503.17, 4503.171,	1762
4503.173, 4503.41, and 4503.43, and 4503.46 of the Revised Code.	1763

Prior to the adoption of any resolution levying a county	1764
motor vehicle license taxunder this section, the board of county	1765
commissioners shall conduct two public hearings thereon, the	1766
second hearing to be not less than three nor more than ten days	1767
after the first. Notice of the date, time, and place of such	1768
hearings shall be given by publication in a newspaper of general	1769
circulation in the county once a week on the same day of the week	1770
for two consecutive weeks, the second publication being not less	1771
than ten nor more than thirty days prior to the first hearing.	1772

No resolution levying a county motor vehicle license tax	1773
under this section shall become effective sooner than thirty days	1774
following its adoption, and such resolution is subject to a	1775
referendum as provided in sections 305.31 to 305.41 of the Revised	1776
Code, unless such resolution is adopted as an emergency measure	1777
necessary for the immediate preservation of the public peace,	1778
health, or safety, in which case it shall go into immediate	1779
effect. Such emergency measure must receive an affirmative vote of	1780
all of the members of the board of county commissioners, and shall	1781
state the reasons for such necessity. A resolution may direct the	1782
board of elections to submit the question of levying the tax to	1783
the electors of the county at the next primary or general election	1784
in the county occurring not less than seventy-five days after such	1785
resolution is certified to the board; no such resolution shall go	1786
into effect unless approved by a majority of those voting upon it.	1787

Sec. 4504.15.  For the purpose of paying the costs of	1788
enforcing and administering the tax provided for in this section;	1789
for the various purposes stated in section 4504.02 of the Revised	1790
Code; and to supplement revenue already available for those	1791
purposes, any county may, by resolution adopted by its board of	1792
county commissioners, levy an annual license tax, that shall be in	1793
addition to the tax levied by sections 4503.02, 4503.07, and	1794
4503.18 of the Revised Code, upon the operation of motor vehicles	1795
upon the public roads and highways. The tax shall be at the rate	1796
of five dollars per motor vehicle on all motor vehicles the	1797
district of registration of which, as defined in section 4503.10	1798
of the Revised Code, is located in the county levying the tax but	1799
is not located within any municipal corporation levying the tax	1800
authorized by section 4504.17 of the Revised Code, and shall be in	1801
addition to the taxes at the rates specified in sections 4503.04	1802
and 4503.16 of the Revised Code, subject to reductions in the	1803
manner provided in section 4503.11 of the Revised Code and the	1804
exemptions provided in sections 4503.16, 4503.17, 4503.171,	1805
4503.41, and 4503.43 of the Revised Code.	1806

Prior to the adoption of any resolution levying a county	1807
motor vehicle license tax under this section, the board of county	1808
commissioners shall conduct two public hearings thereon, the	1809
second hearing to be not less than three nor more than ten days	1810
after the first. Notice of the date, time, and place of such	1811
hearings shall be given by publication in a newspaper of general	1812
circulation in the county once a week for two consecutive weeks,	1813
the second publication being not less than ten nor more than	1814
thirty days prior to the first hearing.	1815

No resolution levying a county motor vehicle license tax	1816
under this section shall become effective sooner than thirty days	1817
following its adoption, and such resolution is subject to a	1818
referendum as provided in sections 305.31 to 305.41 of the Revised	1819
Code, unless the resolution is adopted as an emergency measure	1820
necessary for the immediate preservation of the public peace,	1821
health, or safety, in which case it shall go into immediate	1822
effect. The emergency measure must receive an affirmative vote of	1823
all of the members of the board of county commissioners, and shall	1824
state the reasons for the necessity. A resolution may direct the	1825
board of elections to submit the question of levying the tax to	1826
the electors of the county at the next primary or general election	1827
occurring not less than seventy-five days after the resolution is	1828
certified to the board; no such resolution shall go into effect	1829
unless approved by a majority of those voting upon it. A county is	1830
not required to enact the tax authorized by section 4504.02 of the	1831
Revised Code in order to levy the tax authorized by this section,	1832
but no county may have in effect the tax authorized by this	1833
section if it repeals the tax authorized by section 4504.02 of the	1834
Revised Code after April 1, 1987.	1835

Sec. 4504.16.  For the purpose of paying the costs of	1836
enforcing and administering the tax provided for in this section;	1837
for the various purposes stated in section 4504.02 of the Revised	1838
Code; and to supplement revenue already available for those	1839
purposes, any county that currently levies the tax authorized by	1840
section 4504.15 of the Revised Code may, by resolution adopted by	1841
its board of county commissioners, levy an annual license tax,	1842
that shall be in addition to the tax levied by that section and by	1843
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	1844
the operation of motor vehicles upon the public roads and	1845
highways. The tax shall be at the rate of five dolarsdollars per	1846
motor vehicle on all motor vehicles the district of registration	1847
of which, as defined in section 4503.10 of the Revised Code, is	1848
located in the county levying the tax but is not located within	1849
any municipal corporation levying the tax authorized by section	1850
4504.171 of the Revised Code, and shall be in addition to the	1851
taxes at the rates specified in sections 4503.04 and 4503.16 of	1852
the Revised Code, subject to reductions in the manner provided in	1853
section 4503.11 of the Revised Code and the exemptions provided in	1854
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	1855
Revised Code.	1856

Prior to the adoption of any resolution levying a county	1857
motor vehicle license tax under this section, the board of county	1858
commissioners shall conduct two public hearings thereon, the	1859
second hearing to be not less than three nor more than ten days	1860
after the first. Notice of the date, time, and place of such	1861
hearings shall be given by publication in a newspaper of general	1862
circulation in the county once a week for two consecutive weeks,	1863
the second publication being not less than ten nor more than	1864
thirty days prior to the first hearing.	1865

No resolution levying a county motor vehicle license tax	1866
under this section shall become effective sooner than thirty days	1867
following its adoption, and such resolution is subject to a	1868
referendum as provided in sections 305.31 to 305.41 of the Revised	1869
Code, unless the resolution is adopted as an emergency measure	1870
necessary for the immediate preservation of the public peace,	1871
health, or safety, in which case it shall go into immediate	1872
effect. The emergency measure must receive an affirmative vote of	1873
all of the members of the board of county commissioners, and shall	1874
state the reasons for the necessity. A resolution may direct the	1875
board of elections to submit the question of levying the tax to	1876
the electors of the county at the next primary or general election	1877
occurring not less than seventy-five days after the resolution is	1878
certified to the board; no such resolution shall go into effect	1879
unless approved by a majority of those voting upon it.	1880

Nothing in this section or in section 4504.15 of the Revised	1881
Code shall be interpreted as preventing a county from levying the	1882
county motor vehicle license taxes authorized by such sections in	1883
a single resolution.	1884

Sec. 4504.18.  For the purpose of paying the costs and	1885
expenses of enforcing and administering the tax provided for in	1886
this section; for the construction, reconstruction, improvement,	1887
maintenance, and repair of township roads, bridges, and culverts;	1888
for purchasing, erecting, and maintaining traffic signs, markers,	1889
lights, and signals; for purchasing road machinery and equipment,	1890
and planning, constructing, and maintaining suitable buildings to	1891
house such equipment; for paying any costs apportioned to the	1892
township under section 4907.47 of the Revised Code; and to	1893
supplement revenue already available for such purposes, the board	1894
of township trustees may levy an annual license tax, in addition	1895
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	1896
Revised Code, upon the operation of motor vehicles on the public	1897
roads and highways in the unincorporated territory of the	1898
township. The tax shall be at the rate of five dollars per motor	1899
vehicle on all motor vehicles the owners of which reside in the	1900
unincorporated area of the township and shall be in addition to	1901
the taxes at the rates specified in sections 4503.04 and 4503.16	1902
of the Revised Code, subject to reductions in the manner provided	1903
in section 4503.11 of the Revised Code and the exemptions provided	1904
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	1905
the Revised Code.	1906

Prior to the adoption of any resolution levying a township	1907
motor vehicle license tax under this section, the board of	1908
township trustees shall conduct two public hearings thereon, the	1909
second hearing to be not less than three nor more than ten days	1910
after the first. Notice of the date, time, and place of such	1911
hearings shall be given by publication in a newspaper of general	1912
circulation in the township once a week on the same day of the	1913
week for two consecutive weeks, the second publication being not	1914
less than ten nor more than thirty days prior to the first	1915
hearing.	1916

No resolution levying a township motor vehicle license tax	1917
under this section shall become effective sooner than thirty days	1918
following its adoption, and such resolution is subject to a	1919
referendum in the same manner, except as to the form of the	1920
petition, as provided in division (H) of section 519.12 of the	1921
Revised Code for a proposed amendment to a township zoning	1922
resolution. In addition, a petition under this section shall be	1923
governed by the rules specified in section 3501.38 of the Revised	1924
Code. No resolution levying a tax under this section for which a	1925
referendum vote has been requested shall go into effect unless	1926
approved by a majority of those voting upon it.	1927

A township license tax levied under this section shall	1928
continue in effect until repealed.	1929

Sec. 4505.021. The owner of a motor vehicle shall apply for	1930
a certificate of title for the vehicle when required by this	1931
chapter, but, except as otherwise specifically required in this	1932
chapter, the owner may elect whether or not to have the clerk of	1933
the court of common pleas to whom the certificate of title	1934
application is submitted issue a physical certificate of title for	1935
the motor vehicle, as provided in section 4505.08 of the Revised	1936
Code. In the case of a title application that is submitted	1937
electronically to the clerk, the clerk shall issue an electronic	1938
certificate of title unless the applicant requests the issuance of	1939
a physical certificate of title.	1940

Except as otherwise specifically provided in this chapter,	1941
any provision of this chapter relating to the cancellation,	1942
issuance, or surrender of a certificate of title, including, but	1943
not limited to, provisions that contain a phrase such as "when a	1944
certificate of title is issued," "the clerk shall issue a	1945
certificate of title," or "the person shall obtain a certificate	1946
of title to the motor vehicle," or another phrase of similar	1947
import, shall include those circumstances when a clerk enters	1948
certificate of title information into the automated title	1949
processing system, but does not take any further action relating	1950
to a physical certificate of title for the motor vehicle.	1951

Sec. 4505.031.  (A) No minor under eighteen years of age	1952
shall sell or otherwise dispose of a motor vehicle or purchase or	1953
otherwise acquire a motor vehicle unless the application for a	1954
certificate of title is accompanied by a form prescribed by the	1955
registrar of motor vehicles and signed in the presence of a clerk	1956
or deputy clerk of a court of common pleas or any notary public by	1957
one of the minor's parents, histhe minor's guardian, or other	1958
person having custody of the minor authorizing the sale,	1959
disposition, purchase, or acquisition of the motor vehicle. At	1960

(B) At the time the application for certificate of title is	1961
submitted, the adult who signedsigns the form authorizing the	1962
sale, disposition, purchase, or acquisition of the motor vehicle	1963
by the minor shall be present and, the adult shall provide	1964
identification establishing that hethe adult is the individual	1965
whose signature appears on the form. The registrar shall	1966
prescribe, by rule, the types of identification that are	1967
acceptable for the purposes of this section. If the adult who	1968
signed the form does not provide identification as required by	1969
this section, the application shall be refused.	1970

(C)(B) No right, title, claim to or interest in a motor	1971
vehicle shall be acquired by or from a minor unless the	1972
application for a certificate of title is accompanied by the form	1973
required by this section.	1974

(D)(C) No clerk of a court of common pleas shall be held	1975
liable in any civil action that arises under the law of this state	1976
for injury or loss to persons or property caused when a person has	1977
obtained a certificate of title in violation of this section,	1978
unless the clerk failed to use reasonable diligence in	1979
ascertaining the age of the minor or the identity of the adult who	1980
signed the form authorizing the sale, disposition, purchase, or	1981
acquisition of the motor vehicle by the minor.	1982

Sec. 4505.032. (A)(1) If a person who is not an electronic	1983
motor vehicle dealer owns a motor vehicle for which a physical	1984
certificate of title has not been issued by a clerk of a court of	1985
common pleas and the person sells the motor vehicle to a motor	1986
vehicle dealer licensed under Chapter 4517. of the Revised Code,	1987
the person is not required to obtain a physical certificate of	1988
title to the motor vehicle in order to transfer ownership to the	1989
dealer. The person shall present the dealer, in a manner approved	1990
by the registrar of motor vehicles, with sufficient proof of the	1991
person's identity and complete and sign a form prescribed by the	1992
registrar attesting to the person's identity and assigning the	1993
motor vehicle to the dealer. Except as otherwise provided in this	1994
section, the motor vehicle dealer shall present the assignment	1995
form to any clerk of a court of common pleas together with an	1996
application for a certificate of title and payment of the fees	1997
prescribed by section 4505.09 of the Revised Code.	1998

In a case in which a person who is the owner of a motor	1999
vehicle for which a physicalan electronic certificate of title	2000
has not been issued assignsand either the buyer or seller of the	2001
motor vehicle tois an electronic motor vehicle dealer, the	2002
electronic motor vehicle dealer instead may inform a clerk of a	2003
court of common pleas via electronic means of the sale of the	2004
motor vehicle and assignment of ownership of the vehicle to the	2005
dealer. The clerk shall enter the information relating to the	2006
assignment, including, but not limited to, the odometer disclosure	2007
statement required by section 4505.06 of the Revised Code, into	2008
the automated title processing system, and ownership of the	2009
vehicle passes to the dealerapplicant when the clerk enters this	2010
information into the system. The dealer is not required to obtain	2011
a physical certificate of title to the vehicle in the dealer's	2012
name.	2013

(2) A clerk shall charge and collect from a dealer a fee of	2014
five dollars for each motor vehicle assigned toassignment sent by	2015
the dealer to the clerk under division (A)(1) of this section. The	2016
fee shall be distributed in accordance with section 4505.09 of the	2017
Revised Code.	2018

(B) If a person who is not an electronic motor vehicle dealer	2019
owns a motor vehicle for which a physical certificate of title has	2020
not been issued by a clerk of a court of common pleas and the	2021
person sells the motor vehicle to a person who is not a motor	2022
vehicle dealer licensed under Chapter 4517. of the Revised Code,	2023
the person shall obtain a physical certificate of title to the	2024
motor vehicle in order to transfer ownership of the vehicle to	2025
that person.	2026

Sec. 4505.06.  (A)(1) Application for a certificate of title	2027
shall be made in a form prescribed by the registrar of motor	2028
vehicles and shall be sworn to before a notary public or other	2029
officer empowered to administer oaths. The application shall be	2030
filed with the clerk of any court of common pleas. An application	2031
for a certificate of title may be filed electronically by any	2032
electronic means approved by the registrar in any county with the	2033
clerk of the court of common pleas of that county. Any payments	2034
required by this chapter shall be considered as accompanying any	2035
electronically transmitted application when payment actually is	2036
received by the clerk. Payment of any fee or taxes may be made by	2037
electronic transfer of funds.	2038

(2) The application for a certificate of title shall be	2039
accompanied by the fee prescribed in section 4505.09 of the	2040
Revised Code. The fee shall be retained by the clerk who issues	2041
the certificate of title and shall be distributed in accordance	2042
with that section. If a clerk of a court of common pleas, other	2043
than the clerk of the court of common pleas of an applicant's	2044
county of residence, issues a certificate of title to the	2045
applicant, the clerk shall transmit data related to the	2046
transaction to the automated title processing system.	2047

(3) If a certificate of title previously has been issued for	2048
a motor vehicle in this state, the application for a certificate	2049
of title also shall be accompanied by that certificate of title	2050
duly assigned, unless otherwise provided in this chapter. If a	2051
certificate of title previously has not been issued for the motor	2052
vehicle in this state, the application, unless otherwise provided	2053
in this chapter, shall be accompanied by a manufacturer's or	2054
importer's certificate or by a certificate of title of another	2055
state from which the motor vehicle was brought into this state. If	2056
the application refers to a motor vehicle last previously	2057
registered in another state, the application also shall be	2058
accompanied by the physical inspection certificate required by	2059
section 4505.061 of the Revised Code. If the application is made	2060
by two persons regarding a motor vehicle in which they wish to	2061
establish joint ownership with right of survivorship, they may do	2062
so as provided in section 2131.12 of the Revised Code. If the	2063
applicant requests a designation of the motor vehicle in	2064
beneficiary form so that upon the death of the owner of the motor	2065
vehicle, ownership of the motor vehicle will pass to a designated	2066
transfer-on-death beneficiary or beneficiaries, the applicant may	2067
do so as provided in section 2131.13 of the Revised Code. A person	2068
who establishes ownership of a motor vehicle that is transferable	2069
on death in accordance with section 2131.13 of the Revised Code	2070
may terminate that type of ownership or change the designation of	2071
the transfer-on-death beneficiary or beneficiaries by applying for	2072
a certificate of title pursuant to this section. The clerk shall	2073
retain the evidence of title presented by the applicant and on	2074
which the certificate of title is issued, except that, if an	2075
application for a certificate of title is filed electronically by	2076
an electronic motor vehicle dealer on behalf of the purchaser of a	2077
motor vehicle, the clerk shall retain the completed electronic	2078
record to which the dealer converted the certificate of title	2079
application and other required documents. The registrar, after	2080
consultation with the attorney general, shall adopt rules that	2081
govern the location at which, and the manner in which, are stored	2082
the actual application and all other documents relating to the	2083
sale of a motor vehicle when an electronic motor vehicle dealer	2084
files the application for a certificate of title electronically on	2085
behalf of the purchaser.	2086

The clerk shall use reasonable diligence in ascertaining	2087
whether or not the facts in the application for a certificate of	2088
title are true by checking the application and documents	2089
accompanying it or the electronic record to which a dealer	2090
converted the application and accompanying documents with the	2091
records of motor vehicles in the clerk's office. If the clerk is	2092
satisfied that the applicant is the owner of the motor vehicle and	2093
that the application is in the proper form, the clerk, within five	2094
business days after the application is filed and except as	2095
provided in section 4505.021 of the Revised Code, shall issue a	2096
physical certificate of title over the clerk's signature and	2097
sealed with the clerk's seal, unless the applicant specifically	2098
requests the clerk not to issue a physical certificate of title	2099
and instead to issue an electronic certificate of title. For	2100
purposes of the transfer of a certificate of title, if the clerk	2101
is satisfied that the secured party has duly discharged a lien	2102
notation but has not canceled the lien notation with a clerk, the	2103
clerk may cancel the lien notation on the automated title	2104
processing system and notify the clerk of the county of origin.	2105

(4) In the case of the sale of a motor vehicle to a general	2106
buyer or user by a dealer, by a motor vehicle leasing dealer	2107
selling the motor vehicle to the lessee or, in a case in which the	2108
leasing dealer subleased the motor vehicle, the sublessee, at the	2109
end of the lease agreement or sublease agreement, or by a	2110
manufactured home broker, the certificate of title shall be	2111
obtained in the name of the buyer by the dealer, leasing dealer,	2112
or manufactured home broker, as the case may be, upon application	2113
signed by the buyer. The certificate of title shall be issued, or	2114
the process of entering the certificate of title application	2115
information into the automated title processing system if a	2116
physical certificate of title is not to be issued shall be	2117
completed, within five business days after the application for	2118
title is filed with the clerk. If the buyer of the motor vehicle	2119
previously leased the motor vehicle and is buying the motor	2120
vehicle at the end of the lease pursuant to that lease, the	2121
certificate of title shall be obtained in the name of the buyer by	2122
the motor vehicle leasing dealer who previously leased the motor	2123
vehicle to the buyer or by the motor vehicle leasing dealer who	2124
subleased the motor vehicle to the buyer under a sublease	2125
agreement.	2126

In all other cases, except as provided in section 4505.032	2127
and division (D)(2) of section 4505.11 of the Revised Code, such	2128
certificates shall be obtained by the buyer.	2129

(5)(a)(i) If the certificate of title is being obtained in	2130
the name of the buyer by a motor vehicle dealer or motor vehicle	2131
leasing dealer and there is a security interest to be noted on the	2132
certificate of title, the dealer or leasing dealer shall submit	2133
the application for the certificate of title and payment of the	2134
applicable tax to a clerk within seven business days after the	2135
later of the delivery of the motor vehicle to the buyer or the	2136
date the dealer or leasing dealer obtains the manufacturer's or	2137
importer's certificate, or certificate of title issued in the name	2138
of the dealer or leasing dealer, for the motor vehicle. Submission	2139
of the application for the certificate of title and payment of the	2140
applicable tax within the required seven business days may be	2141
indicated by postmark or receipt by a clerk within that period.	2142

(ii) Upon receipt of the certificate of title with the	2143
security interest noted on its face, the dealer or leasing dealer	2144
shall forward the certificate of title to the secured party at the	2145
location noted in the financing documents or otherwise specified	2146
by the secured party.	2147

(iii) A motor vehicle dealer or motor vehicle leasing dealer	2148
is liable to a secured party for a late fee of ten dollars per day	2149
for each certificate of title application and payment of the	2150
applicable tax that is submitted to a clerk more than seven	2151
business days but less than twenty-one days after the later of the	2152
delivery of the motor vehicle to the buyer or the date the dealer	2153
or leasing dealer obtains the manufacturer's or importer's	2154
certificate, or certificate of title issued in the name of the	2155
dealer or leasing dealer, for the motor vehicle and, from then on,	2156
twenty-five dollars per day until the application and applicable	2157
tax are submitted to a clerk.	2158

(b) In all cases of transfer of a motor vehicle, the	2159
application for certificate of title shall be filed within thirty	2160
days after the assignment or delivery of the motor vehicle. If an	2161
application for a certificate of title is not filed within the	2162
period specified in division (A)(5)(b) of this section, the clerk	2163
shall collect a fee of five dollars for the issuance of the	2164
certificate, except that no such fee shall be required from a	2165
motor vehicle salvage dealer, as defined in division (A) of	2166
section 4738.01 of the Revised Code, who immediately surrenders	2167
the certificate of title for cancellation. The fee shall be in	2168
addition to all other fees established by this chapter, and shall	2169
be retained by the clerk. The registrar shall provide, on the	2170
certificate of title form prescribed by section 4505.07 of the	2171
Revised Code, language necessary to give evidence of the date on	2172
which the assignment or delivery of the motor vehicle was made.	2173

(6) As used in division (A) of this section, "lease	2174
agreement," "lessee," and "sublease agreement" have the same	2175
meanings as in section 4505.04 of the Revised Code.	2176

(B) The clerk, except as provided in this section, shall	2177
refuse to accept for filing any application for a certificate of	2178
title and shall refuse to issue a certificate of title unless the	2179
dealer or manufactured home broker or the applicant, in cases in	2180
which the certificate shall be obtained by the buyer, submits with	2181
the application payment of the tax levied by or pursuant to	2182
Chapters 5739. and 5741. of the Revised Code based on the	2183
purchaser's county of residence. Upon payment of the tax in	2184
accordance with division (E) of this section, the clerk shall	2185
issue a receipt prescribed by the registrar and agreed upon by the	2186
tax commissioner showing payment of the tax or a receipt issued by	2187
the commissioner showing the payment of the tax. When submitting	2188
payment of the tax to the clerk, a dealer shall retain any	2189
discount to which the dealer is entitled under section 5739.12 of	2190
the Revised Code.	2191

For receiving and disbursing such taxes paid to the clerk by	2192
a resident of the clerk's county, the clerk may retain a poundage	2193
fee of one and one one-hundredth per cent, and the clerk shall pay	2194
the poundage fee into the certificate of title administration fund	2195
created by section 325.33 of the Revised Code. The clerk shall not	2196
retain a poundage fee from payments of taxes by persons who do not	2197
reside in the clerk's county.	2198

A clerk, however, may retain from the taxes paid to the clerk	2199
an amount equal to the poundage fees associated with certificates	2200
of title issued by other clerks of courts of common pleas to	2201
applicants who reside in the first clerk's county. The registrar,	2202
in consultation with the tax commissioner and the clerks of the	2203
courts of common pleas, shall develop a report from the automated	2204
title processing system that informs each clerk of the amount of	2205
the poundage fees that the clerk is permitted to retain from those	2206
taxes because of certificates of title issued by the clerks of	2207
other counties to applicants who reside in the first clerk's	2208
county.	2209

In the case of casual sales of motor vehicles, as defined in	2210
section 4517.01 of the Revised Code, the price for the purpose of	2211
determining the tax shall be the purchase price on the assigned	2212
certificate of title executed by the seller and filed with the	2213
clerk by the buyer on a form to be prescribed by the registrar,	2214
which shall be prima-facie evidence of the amount for the	2215
determination of the tax.	2216

(C)(1) If the transferor indicates on the certificate of	2217
title that the odometer reflects mileage in excess of the designed	2218
mechanical limit of the odometer, the clerk shall enter the phrase	2219
"exceeds mechanical limits" following the mileage designation. If	2220
the transferor indicates on the certificate of title that the	2221
odometer reading is not the actual mileage, the clerk shall enter	2222
the phrase "nonactual: warning - odometer discrepancy" following	2223
the mileage designation. The clerk shall use reasonable care in	2224
transferring the information supplied by the transferor, but is	2225
not liable for any errors or omissions of the clerk or those of	2226
the clerk's deputies in the performance of the clerk's duties	2227
created by this chapter.	2228

The registrar shall prescribe an affidavit in which the	2229
transferor shall swear to the true selling price and, except as	2230
provided in this division, the true odometer reading of the motor	2231
vehicle. The registrar may prescribe an affidavit in which the	2232
seller and buyer provide information pertaining to the odometer	2233
reading of the motor vehicle in addition to that required by this	2234
section, as such information may be required by the United States	2235
secretary of transportation by rule prescribed under authority of	2236
subchapter IV of the "Motor Vehicle Information and Cost Savings	2237
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	2238

(2) Division (C)(1) of this section does not require the	2239
giving of information concerning the odometer and odometer reading	2240
of a motor vehicle when ownership of a motor vehicle is being	2241
transferred as a result of a bequest, under the laws of intestate	2242
succession, to a survivor pursuant to section 2106.18, 2131.12, or	2243
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	2244
beneficiaries pursuant to section 2131.13 of the Revised Code, in	2245
connection with the creation of a security interest or for a	2246
vehicle with a gross vehicle weight rating of more than sixteen	2247
thousand pounds.	2248

(D) When the transfer to the applicant was made in some other	2249
state or in interstate commerce, the clerk, except as provided in	2250
this section, shall refuse to issue any certificate of title	2251
unless the tax imposed by or pursuant to Chapter 5741. of the	2252
Revised Code based on the purchaser's county of residence has been	2253
paid as evidenced by a receipt issued by the tax commissioner, or	2254
unless the applicant submits with the application payment of the	2255
tax. Upon payment of the tax in accordance with division (E) of	2256
this section, the clerk shall issue a receipt prescribed by the	2257
registrar and agreed upon by the tax commissioner, showing payment	2258
of the tax.	2259

For receiving and disbursing such taxes paid to the clerk by	2260
a resident of the clerk's county, the clerk may retain a poundage	2261
fee of one and one one-hundredth per cent. The clerk shall not	2262
retain a poundage fee from payments of taxes by persons who do not	2263
reside in the clerk's county.	2264

A clerk, however, may retain from the taxes paid to the clerk	2265
an amount equal to the poundage fees associated with certificates	2266
of title issued by other clerks of courts of common pleas to	2267
applicants who reside in the first clerk's county. The registrar,	2268
in consultation with the tax commissioner and the clerks of the	2269
courts of common pleas, shall develop a report from the automated	2270
title processing system that informs each clerk of the amount of	2271
the poundage fees that the clerk is permitted to retain from those	2272
taxes because of certificates of title issued by the clerks of	2273
other counties to applicants who reside in the first clerk's	2274
county.	2275

When the vendor is not regularly engaged in the business of	2276
selling motor vehicles, the vendor shall not be required to	2277
purchase a vendor's license or make reports concerning those	2278
sales.	2279

(E) The clerk shall accept any payment of a tax in cash, or	2280
by cashier's check, certified check, draft, money order, or teller	2281
check issued by any insured financial institution payable to the	2282
clerk and submitted with an application for a certificate of title	2283
under division (B) or (D) of this section. The clerk also may	2284
accept payment of the tax by corporate, business, or personal	2285
check, credit card, electronic transfer or wire transfer, debit	2286
card, or any other accepted form of payment made payable to the	2287
clerk. The clerk may require bonds, guarantees, or letters of	2288
credit to ensure the collection of corporate, business, or	2289
personal checks. Any service fee charged by a third party to a	2290
clerk for the use of any form of payment may be paid by the clerk	2291
from the certificate of title administration fund created in	2292
section 325.33 of the Revised Code, or may be assessed by the	2293
clerk upon the applicant as an additional fee. Upon collection,	2294
the additional fees shall be paid by the clerk into that	2295
certificate of title administration fund.	2296

The clerk shall make a good faith effort to collect any	2297
payment of taxes due but not made because the payment was returned	2298
or dishonored, but the clerk is not personally liable for the	2299
payment of uncollected taxes or uncollected fees. The clerk shall	2300
notify the tax commissioner of any such payment of taxes that is	2301
due but not made and shall furnish the information to the	2302
commissioner that the commissioner requires. The clerk shall	2303
deduct the amount of taxes due but not paid from the clerk's	2304
periodic remittance of tax payments, in accordance with procedures	2305
agreed upon by the tax commissioner. The commissioner may collect	2306
taxes due by assessment in the manner provided in section 5739.13	2307
of the Revised Code.	2308

Any person who presents payment that is returned or	2309
dishonored for any reason is liable to the clerk for payment of a	2310
penalty over and above the amount of the taxes due. The clerk	2311
shall determine the amount of the penalty, and the penalty shall	2312
be no greater than that amount necessary to compensate the clerk	2313
for banking charges, legal fees, or other expenses incurred by the	2314
clerk in collecting the returned or dishonored payment. The	2315
remedies and procedures provided in this section are in addition	2316
to any other available civil or criminal remedies. Subsequently	2317
collected penalties, poundage fees, and title fees, less any title	2318
fee due the state, from returned or dishonored payments collected	2319
by the clerk shall be paid into the certificate of title	2320
administration fund. Subsequently collected taxes, less poundage	2321
fees, shall be sent by the clerk to the treasurer of state at the	2322
next scheduled periodic remittance of tax payments, with	2323
information as the commissioner may require. The clerk may abate	2324
all or any part of any penalty assessed under this division.	2325

(F) In the following cases, the clerk shall accept for filing	2326
an application and shall issue a certificate of title without	2327
requiring payment or evidence of payment of the tax:	2328

(1) When the purchaser is this state or any of its political	2329
subdivisions, a church, or an organization whose purchases are	2330
exempted by section 5739.02 of the Revised Code;	2331

(2) When the transaction in this state is not a retail sale	2332
as defined by section 5739.01 of the Revised Code;	2333

(3) When the purchase is outside this state or in interstate	2334
commerce and the purpose of the purchaser is not to use, store, or	2335
consume within the meaning of section 5741.01 of the Revised Code;	2336

(4) When the purchaser is the federal government;

2337

(5) When the motor vehicle was purchased outside this state	2338
for use outside this state;	2339

(6) When the motor vehicle is purchased by a nonresident of	2340
this state for immediate removal from this state, and will be	2341
permanently titled and registered in another state, as provided by	2342
division (B)(23) of section 5739.02 of the Revised Code, and upon	2343
presentation of a copy of the affidavit provided by that section,	2344
and a copy of the exemption certificate provided by section	2345
5739.03 of the Revised Code.	2346

The clerk shall forward all payments of taxes, less poundage	2347
fees, to the treasurer of state in a manner to be prescribed by	2348
the tax commissioner and shall furnish information to the	2349
commissioner as the commissioner requires.	2350

(G) An application, as prescribed by the registrar and agreed	2351
to by the tax commissioner, shall be filled out and sworn to by	2352
the buyer of a motor vehicle in a casual sale. The application	2353
shall contain the following notice in bold lettering: "WARNING TO	2354
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	2355
law to state the true selling price. A false statement is in	2356
violation of section 2921.13 of the Revised Code and is punishable	2357
by six months' imprisonment or a fine of up to one thousand	2358
dollars, or both. All transfers are audited by the department of	2359
taxation. The seller and buyer must provide any information	2360
requested by the department of taxation. The buyer may be assessed	2361
any additional tax found to be due."	2362

(H) For sales of manufactured homes or mobile homes occurring	2363
on or after January 1, 2000, the clerk shall accept for filing,	2364
pursuant to Chapter 5739. of the Revised Code, an application for	2365
a certificate of title for a manufactured home or mobile home	2366
without requiring payment of any tax pursuant to section 5739.02,	2367
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	2368
issued by the tax commissioner showing payment of the tax. For	2369
sales of manufactured homes or mobile homes occurring on or after	2370
January 1, 2000, the applicant shall pay to the clerk an	2371
additional fee of five dollars for each certificate of title	2372
issued by the clerk for a manufactured or mobile home pursuant to	2373
division (H) of section 4505.11 of the Revised Code and for each	2374
certificate of title issued upon transfer of ownership of the	2375
home. The clerk shall credit the fee to the county certificate of	2376
title administration fund, and the fee shall be used to pay the	2377
expenses of archiving those certificates pursuant to division (A)	2378
of section 4505.08 and division (H)(3) of section 4505.11 of the	2379
Revised Code. The tax commissioner shall administer any tax on a	2380
manufactured or mobile home pursuant to Chapters 5739. and 5741.	2381
of the Revised Code.	2382

(I) Every clerk shall have the capability to transact by	2383
electronic means all procedures and transactions relating to the	2384
issuance of motor vehicle certificates of title that are described	2385
in the Revised Code as being accomplished by electronic means.	2386

Sec. 4505.08.  (A) When the clerk of a court of common pleas	2387
issues a physical certificate of title, the clerk shall issue the	2388
certificate of title on a form and in a manner prescribed by the	2389
registrar of motor vehicles. The clerk shall file a copy of the	2390
physical evidence for the creation of the certificate of title in	2391
a manner prescribed by the registrar. A clerk may retain digital	2392
images of documents used as evidence for issuance of a certificate	2393
of title. Certified printouts of documents retained as digital	2394
images shall have the same evidentiary value as the original	2395
physical documents. The record of the issuance of the certificate	2396
of title shall be maintained in the automated title processing	2397
system. The clerk shall sign and affix the clerk's seal to the	2398
original certificate of title and, if there are no liens on the	2399
motor vehicle, shall deliver the certificate to the applicant or	2400
the selling dealer. If there are one or more liens on the motor	2401
vehicle, the certificate of title shall be delivered to the holder	2402
of the first lien or the selling dealer, who shall deliver the	2403
certificate of title to the holder of the first lien.	2404

The registrar shall prescribe a uniform method of numbering	2405
certificates of title, and such numbering shall be in such manner	2406
that the county of issuance is indicated. The clerk shall assign	2407
numbers to certificates of title in the manner prescribed by the	2408
registrar. The clerk shall file all certificates of title	2409
according to rules to be prescribed by the registrar, and the	2410
clerk shall maintain in the clerk's office indexes for the	2411
certificates of title.	2412

The clerk need not retain on file any current certificates of	2413
title, current duplicate certificates of title, current memorandum	2414
certificates of title, or current salvage certificates of title,	2415
or supporting evidence of them covering any motor vehicle or	2416
manufactured or mobile home for a period longer than seven years	2417
after the date of its filing; thereafter, the documents and	2418
supporting evidence may be destroyed. The clerk need not retain on	2419
file any inactive records, including certificates of title,	2420
duplicate certificates of title, or memorandum certificates of	2421
title, or supporting evidence of them, including the electronic	2422
record described in division (A) of section 4505.06 of the Revised	2423
Code, covering any motor vehicle or manufactured or mobile home	2424
for a period longer than five years after the date of its filing;	2425
thereafter, the documents and supporting evidence may be	2426
destroyed.	2427

The automated title processing system shall contain all	2428
active records and an index of the active records, a record and	2429
index of all inactive titles for ten years, and a record and index	2430
of all inactive titles for manufactured and mobile homes for	2431
thirty years. If the clerk provides a written copy of any	2432
information contained in the database, the copy shall be	2433
considered the original for purposes of the clerk certifying the	2434
record of the information for use in any legal proceeding.	2435

(B)(1) If the clerk issues a certificate of title for a motor	2436
vehicle that was last previously registered in another state, the	2437
clerk shall record verbatim, where practicable, in the space on	2438
the title described in division (B)(19) of section 4505.07 of the	2439
Revised Code, the words that appear as a notation to the vehicle	2440
on the title issued by the previous state. These notations may	2441
include, but are not limited to, words to the effect that the	2442
vehicle was considered or was categorized by the state in which it	2443
was last previously registered to be a law enforcement vehicle or	2444
a taxicab or was once in a flood.	2445

(2) If the clerk, while issuing a certificate of title for a	2446
motor vehicle that was last previously registered in another	2447
state, receives information from the automated title processing	2448
system indicating that a title to the vehicle previously was	2449
issued by this state and that the previous title contained	2450
notations that appeared in the space described in division (B)(19)	2451
or (20) of section 4505.07 of the Revised Code, the clerk shall	2452
enter the notations that appeared on the previous certificate of	2453
title issued by this state on the new certificate of title in the	2454
space described in division (B)(19) or (20) of section 4505.07 of	2455
the Revised Code, irrespective of whether the notations appear on	2456
the certificate of title issued by the state in which the vehicle	2457
was last previously registered.	2458

(3) If the clerk, while issuing a certificate of title for a	2459
motor vehicle that was last previously registered in another	2460
state, receives information from the automated title processing	2461
system indicating that the vehicle was previously issued a title	2462
by this state and that the previous title bore the notation	2463
"REBUILT SALVAGE" as required by division (E) of section 4505.11	2464
of the Revised Code, or the previous title to the vehicle issued	2465
by this state was a salvage certificate of title, the clerk shall	2466
cause the certificate of title the clerk issues to bear the	2467
notation "REBUILT SALVAGE" in the location prescribed by the	2468
registrar pursuant to that division.	2469

(C) When the clerk issues a certificate of title for a motor	2470
vehicle that was last previously registered in this state and was	2471
a law enforcement vehicle or a taxicab or was once in a flood, the	2472
clerk shall record that information in the space on the title	2473
described in division (B)(20) of section 4505.07 of the Revised	2474
Code. The registrar, by rule, may prescribe any additional uses of	2475
or happenings to a motor vehicle that the registrar has reason to	2476
believe should be noted on the certificate of title as provided in	2477
this division.	2478

(D) The clerk shall use reasonable care in recording or	2479
entering onto titles the clerk issues any notation and information	2480
the clerk is required by divisions (B) and (C) of this section to	2481
record or enter and in causing the titles the clerk issues to bear	2482
any notation required by those divisions, but the clerk is not	2483
liable for any of the clerk's errors or omissions or those of the	2484
clerk's deputies, or the automated title processing system, in the	2485
performance of the duties imposed on the clerk by this section.	2486

(E) The clerk may issue a duplicate title, when duly applied	2487
for, of any title that has been destroyed as herein provided.	2488

(F) TheExcept as provided in section 4505.021 of the Revised	2489
Code, the clerk shall issue a physical certificate of title to an	2490
applicant unless the applicant specifically requests the clerk not	2491
to issue a physical certificate of title and instead to issue an	2492
electronic certificate of title. The fact that a physical	2493
certificate of title is not issued for a motor vehicle does not	2494
affect ownership of the vehicle. In that case, when the clerk	2495
completes the process of entering certificate of title application	2496
information into the automated title processing system, the effect	2497
of the completion of the process is the same as if the clerk	2498
actually issued a physical certificate of title for the motor	2499
vehicle.	2500

(G) An electronic motor vehicle dealer who applies for a	2501
certificate of title on behalf of a customer who purchases a motor	2502
vehicle from the dealer may print a non-negotiable evidence of	2503
ownership for the customer if the customer so requests. The	2504
authorization to print the non-negotiable evidence of ownership	2505
shall come from the clerk with whom the dealer makes application	2506
for the certificate of title for the customer, but the printing by	2507
the dealer does not create an agency relationship of any kind	2508
between the dealer and the clerk.	2509

(H) The owner of a motor vehicle may apply at any time to a	2510
clerk of a court of common pleas for a non-negotiable evidence of	2511
ownership for the motor vehicle.	2512

Sec. 4506.01.  As used in this chapter:

2513

(A) "Alcohol concentration" means the concentration of	2514
alcohol in a person's blood, breath, or urine. When expressed as a	2515
percentage, it means grams of alcohol per the following:	2516

(1) One hundred milliliters of whole blood, blood serum, or	2517
blood plasma;	2518

(2) Two hundred ten liters of breath;

2519

(3) One hundred milliliters of urine.

2520

(B) "School bus" has the same meaning as in section 4511.01	2521
of the Revised Code.	2522

(C) "Commercial driver's license" means a license issued in	2523
accordance with this chapter that authorizes an individual to	2524
drive a commercial motor vehicle.	2525

(D)(C) "Commercial driver license information system" means	2526
the information system established pursuant to the requirements of	2527
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	2528
3207-171, 49 U.S.C.A. App. 2701.	2529

(E)(D) Except when used in section 4506.25 of the Revised	2530
Code, "commercial motor vehicle" means any motor vehicle designed	2531
or used to transport persons or property that meets any of the	2532
following qualifications:	2533

(1) Any combination of vehicles with a combined gross vehicle	2534
weight rating of twenty-six thousand one pounds or more, provided	2535
the gross vehicle weight rating of the vehicle or vehicles being	2536
towed is in excess of ten thousand pounds;	2537

(2) Any single vehicle with a gross vehicle weight rating of	2538
twenty-six thousand one pounds or more, or any such vehicle towing	2539
a vehicle having a gross vehicle weight rating that is not in	2540
excess of ten thousand pounds;	2541

(3) Any single vehicle or combination of vehicles that is not	2542
a class A or class B vehicle, but that either is designed to	2543
transport sixteen or more passengers including the driver, or is	2544
placarded for hazardous materials;	2545

(4) Any school bus with a gross vehicle weight rating of less	2546
than twenty-six thousand one pounds that is designed to transport	2547
fewer than sixteen passengers including the driver;	2548

(5) Is transporting hazardous materials for which placarding	2549
is required by regulations adopted under the "Hazardous Materials	2550
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801under	2551
subpart F of 49 C.F.R. part 172, as amended;	2552

(6) Any single vehicle or combination of vehicles that is	2553
designed to be operated and to travel on a public street or	2554
highway and is considered by the federal highwaymotor carrier	2555
safety administration to be a commercial motor vehicle, including,	2556
but not limited to, a motorized crane, a vehicle whose function is	2557
to pump cement, a rig for drilling wells, and a portable crane.	2558

(F)(E) "Controlled substance" means all of the following:

2559

(1) Any substance classified as a controlled substance under	2560
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	2561
802(6), as amended;	2562

(2) Any substance included in schedules I through V of 21	2563
C.F.R. part 1308, as amended;	2564

(3) Any drug of abuse.

2565

(G)(F) "Conviction" means an unvacated adjudication of guilt	2566
or a determination that a person has violated or failed to comply	2567
with the law in a court of original jurisdiction or an authorized	2568
administrative tribunal, an unvacated forfeiture of bail or	2569
collateral deposited to secure the person's appearance in court, a	2570
plea of guilty or nolo contendere accepted by the court, the	2571
payment of a fine or court cost, or violation of a condition of	2572
release without bail, regardless of whether or not the penalty is	2573
rebated, suspended, or probated.	2574

(H)(G) "Disqualification" means any of the following:

2575

(1) The suspension, revocation, or cancellation of a person's	2576
privileges to operate a commercial motor vehicle;	2577

(2) Any withdrawal of the privilegea person's privileges to	2578
driveoperate a commercial motor vehicle as the result of a	2579
violation of state or local law relating to motor vehicle traffic	2580
control other than parking, vehicle weight, or vehicle defect	2581
violations;	2582

(3) A determination by the federal motor carrier safety	2583
administration that a person is not qualified to operate a	2584
commercial motor vehicle under 49 C.F.R. 391.	2585

(I)(H) "Drive" means to drive, operate, or be in physical	2586
control of a motor vehicle.	2587

(J)(I) "Driver" means any person who drives, operates, or is	2588
in physical control of a commercial motor vehicle or is required	2589
to have a commercial driver's license.	2590

(K)(J) "Driver's license" means a license issued by the	2591
bureau of motor vehicles that authorizes an individual to drive.	2592

(L)(K) "Drug of abuse" means any controlled substance,	2593
dangerous drug as defined in section 4729.01 of the Revised Code,	2594
or over-the-counter medication that, when taken in quantities	2595
exceeding the recommended dosage, can result in impairment of	2596
judgment or reflexes.	2597

(L) "Eligible unit of local government" means a village,	2598
township, or county that has a population of not more than three	2599
thousand persons according to the most recent federal census.	2600

(M) "Employer" means any person, including the federal	2601
government, any state, and a political subdivision of any state,	2602
that owns or leases a commercial motor vehicle or assigns a person	2603
to drive such a motor vehicle.	2604

(N) "Endorsement" means an authorization on a person's	2605
commercial driver's license that is required to permit the person	2606
to operate a specified type of commercial motor vehicle.	2607

(O) "Farm truck" means a truck controlled and operated by a	2608
farmer for use in the transportation to or from a farm, for a	2609
distance of not more than one hundred fifty miles, of products of	2610
the farm, including livestock and its products, poultry and its	2611
products, floricultural and horticultural products, and in the	2612
transportation to the farm, from a distance of not more than one	2613
hundred fifty miles, of supplies for the farm, including tile,	2614
fence, and every other thing or commodity used in agricultural,	2615
floricultural, horticultural, livestock, and poultry production,	2616
and livestock, poultry, and other animals and things used for	2617
breeding, feeding, or other purposes connected with the operation	2618
of the farm, when the truck is operated in accordance with this	2619
division and is not used in the operations of a motor	2620
transportation company or private motor carrier.	2621

(P) "Fatality" means the death of a person as the result of a	2622
motor vehicle accident occurring not more than three hundred	2623
sixty-five days prior to the date of death.	2624

(O)(Q) "Felony" means any offense under federal or state law	2625
that is punishable by death or specifically classified as a felony	2626
under the law of this state, regardless of the penalty that may be	2627
imposed.	2628

(P)(R) "Foreign jurisdiction" means any jurisdiction other	2629
than a state.	2630

(Q)(S) "Gross vehicle weight rating" means the value	2631
specified by the manufacturer as the maximum loaded weight of a	2632
single or a combination vehicle. The gross vehicle weight rating	2633
of a combination vehicle is the gross vehicle weight rating of the	2634
power unit plus the gross vehicle weight rating of each towed	2635
unit.	2636

(R)(T) "Hazardous materials" means materials identifiedany	2637
material that has been designated as suchhazardous under	2638
regulations adopted under the "Hazardous Materials Transportation	2639
Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 180149 U.S.C. 5103 and is	2640
required to be placarded under subpart F of 49 C.F.R. part 172 or	2641
any quantity of a material listed as a select agent or toxin in 42	2642
C.F.R. part 73, as amended.	2643

(S)(U) "Imminent hazard" means the existence of a condition	2644
that presents a substantial likelihood that death, serious	2645
illness, severe personal injury, or a substantial endangerment to	2646
health, property, or the environment may occur before the	2647
reasonably foreseeable completion date of a formal proceeding	2648
begun to lessen the risk of that death, illness, injury, or	2649
endangerment.	2650

(V) "Motor vehicle" has the same meaning as in section	2651
4511.01 of the Revised Code.	2652

(T) Except when used in sections 4506.25 and 4506.26 of the	2653
Revised Code, "out-of-servicemeans a vehicle, machine, tractor,	2654
trailer, or semitrailer propelled or drawn by mechanical power	2655
used on highways, except that such term does not include a	2656
vehicle, machine, tractor, trailer, or semitrailer operated	2657
exclusively on a rail.	2658

(W) "Out-of-service order" means a temporary prohibition	2659
against driving adeclaration by an authorized enforcement officer	2660
of a federal, state, local, Canadian, or Mexican jurisdiction	2661
declaring that a driver, commercial motor vehicle issued under	2662
this chapter or a similar law of another state or of a foreign	2663
jurisdiction.	2664

(U), or commercial motor carrier operation is out of service	2665
as defined in 49 C.F.R. 390.5.	2666

(X) "Peace officer" has the same meaning as in section	2667
2935.01 of the Revised Code.	2668

(Y) "Portable tank" means a liquid or gaseous packaging	2669
designed primarily to be loaded onto or temporarily attached to a	2670
vehicle and equipped with skids, mountings, or accessories to	2671
facilitate handling of the tank by mechanical means.	2672

(Z) "Public safety vehicle" has the same meaning as in	2673
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	2674

(AA) "Recreational vehicle" includes every vehicle that is	2675
defined as a recreational vehicle in section 4501.01 of the	2676
Revised Code and is used exclusively for purposes other than	2677
engaging in business for profit.	2678

(BB) "Residence" means any person's residence determined in	2679
accordance with standards prescribed in rules adopted by the	2680
registrar.	2681

(V) "Temporary residence" means residence on a temporary	2682
basis as determined by the registrar in accordance with standards	2683
prescribed in rules adopted by the registrar.	2684

(W)(CC) "School bus" has the same meaning as in section	2685
4511.01 of the Revised Code.	2686

(DD) "Serious traffic violation" means a conviction arising	2687
from the operationa single charge of operating a commercial motor	2688
vehicle in violation of any provision of section 4506.03 of the	2689
Revised Code or a conviction arising from the operation of any	2690
motor vehicle that involves any of the following:	2691

(1) A single charge of any speed that is in excess of the	2692
posted speed limit by an amount specified by the United States	2693
secretary of transportation and that the director of public safety	2694
designates as such by rulefifteen miles per hour or more;	2695

(2) Violation of section 4511.20,or 4511.201, or 4511.202 of	2696
the Revised Code or any similar ordinance or resolution, or of any	2697
similar law of another state or political subdivision of another	2698
state;	2699

(3) Violation of a law of this state or an ordinance or	2700
resolution relating to traffic control, other than a parking	2701
violation, or of any similar law of another state or political	2702
subdivision of another state, that results in a fatal accident;	2703

(4) Violation of section 4506.03 of the Revised Code or a	2704
substantially similar municipal ordinance or county or township	2705
resolution, or of any similar law of another state or political	2706
subdivision of another state, that involves the operation of a	2707
commercial motor vehicle without a valid commercial driver's	2708
license with the proper class or endorsement for the specific	2709
vehicle group being operated or for the passengers or type of	2710
cargo being transported;	2711

(5) Violation of section 4506.03 of the Revised Code or a	2712
substantially similar municipal ordinance or county or township	2713
resolution, or of any similar law of another state or political	2714
subdivision of another state, that involves the operation of a	2715
commercial motor vehicle without a valid commercial driver's	2716
license being in the person's possession;	2717

(6) Violation of section 4511.33 or 4511.34 of the Revised	2718
Code, or any municipal ordinance or county or township resolution	2719
substantially similar to either of those sections, or any	2720
substantially similar law of another state or political	2721
subdivision of another state;	2722

(7) Violation of any other law of this state or an ordinance	2723
or resolution relating to traffic control, other than a parking	2724
violation, that is determined to be a serious traffic violation by	2725
the United States secretary of transportation and the director	2726
designates as such by rule.	2727

(X)(EE) "State" means a state of the United States and	2728
includes the District of Columbia.	2729

(Y)(FF) "Tank vehicle" means any commercial motor vehicle	2730
that is designed to transport any liquid and has a maximum	2731
capacity greater than one hundred nineteen gallons or is designed	2732
to transport gaseous materials and has a water capacity greater	2733
than one thousand pounds within a tank that is either permanently	2734
or temporarily attached to the vehicle or its chassis. "Tank	2735
vehicle" does not include any of the following:	2736

(1) Any portable tank having a rated capacity of less than	2737
one thousand gallons;	2738

(2) Tanks used exclusively as a fuel tank for the motor	2739
vehicle to which it is attached;	2740

(3) An empty storage container tank that is not designed for	2741
transportation and that is readily distinguishable from a	2742
transportation tank;	2743

(4) Ready-mix concrete mixers.

2744

(Z)(GG) "Tester" means a person or entity acting pursuant to	2745
a valid agreement entered into pursuant to division (B) of section	2746
4506.09 of the Revised Code.	2747

(HH) "United States" means the fifty states and the District	2748
of Columbia.	2749

(AA)(II) "Vehicle" has the same meaning as in section 4511.01	2750
of the Revised Code.	2751

(BB) "Peace officer" has the same meaning as in section	2752
2935.01 of the Revised Code.	2753

(CC) "Portable tank" means a liquid or gaseous packaging	2754
designed primarily to be loaded on or temporarily attached to a	2755
vehicle and equipped with skids, mountings, or accessories to	2756
facilitate handling of the tank by mechanical means.	2757

Sec. 4506.03.  (A) On and after April 1, 1992Except as	2758
provided in divisions (B) and (C) of this section, the following	2759
shall apply:	2760

(1) No person shall drive a commercial motor vehicle on a	2761
highway in this state unless the person holds, and has in the	2762
person's possession, a valid commercial driver's license with	2763
proper endorsements for the motor vehicle being driven, issued by	2764
the registrar of motor vehicles, a valid examiner's commercial	2765
driving permit issued under section 4506.13 of the Revised Code, a	2766
valid restricted commercial driver's license and waiver for	2767
farm-related service industries issued under section 4506.24 of	2768
the Revised Code, or a valid commercial driver's license temporary	2769
instruction permit issued by the registrar and is accompanied by	2770
an authorized state driver's license examiner or tester or a	2771
person who has been issued and has in the person's immediate	2772
possession a current, valid commercial driver's license with	2773
proper endorsements for the motor vehicle being driven.	2774

(2) No person shall be issued a commercial driver's license	2775
until the person surrenders to the registrar of motor vehicles all	2776
valid licenses issued to the person by another jurisdiction	2777
recognized by this state. All surrendered licenses shall be	2778
returned by theThe registrar shall report the surrender of a	2779
license to the issuing authority, together with information that a	2780
license is now issued in this state. The registrar shall destroy	2781
any such license that is not returned to the issuing authority.	2782

(3) No person who has been a resident of this state for	2783
thirty days or longer shall drive a commercial motor vehicle under	2784
the authority of a commercial driver's license issued by another	2785
jurisdiction.	2786

(B) As used in this section and in section 4506.09 of the	2787
Revised Code, "tester" means a person or entity acting pursuant to	2788
a valid agreement entered into under division (B) of section	2789
4506.09 of the Revised CodeNothing in division (A) of this	2790
section applies to any qualified person when engaged in the	2791
operation of any of the following:	2792

(1) A farm truck;

2793

(2) Fire equipment for a fire department, volunteer or	2794
nonvolunteer fire company, fire district, or joint fire district;	2795

(3) A public safety vehicle used to provide transportation or	2796
emergency medical service for ill or injured persons;	2797

(4) A recreational vehicle;

2798

(5) A commercial motor vehicle within the boundaries of an	2799
eligible unit of local government, if the person is employed by	2800
the eligible unit of local government and is operating the	2801
commercial motor vehicle for the purpose of removing snow or ice	2802
from a roadway by plowing, sanding, or salting, but only if either	2803
the employee who holds a commercial driver's license issued under	2804
this chapter and ordinarily operates a commercial motor vehicle	2805
for these purposes is unable to operate the vehicle, or the	2806
employing eligible unit of local government determines that a snow	2807
or ice emergency exists that requires additional assistance;	2808

(6) A vehicle operated for military purposes by any member or	2809
uniformed employee of the armed forces of the United States or	2810
their reserve components, including the Ohio national guard. This	2811
exception does not apply to United States reserve technicians.	2812

(7) A commercial motor vehicle that is operated for	2813
nonbusiness purposes. "Operated for nonbusiness purposes" means	2814
that the commercial motor vehicle is not used in commerce as	2815
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	2816
regulated by the public utilities commission pursuant to Chapter	2817
4919., 4921., or 4923. of the Revised Code.	2818

(8) A motor vehicle that is designed primarily for the	2819
transportation of goods and not persons, while that motor vehicle	2820
is being used for the occasional transportation of personal	2821
property by individuals not for compensation and not in the	2822
furtherance of a commercial enterprise.	2823

(C) Nothing contained in division (B)(5) of this section	2824
shall be construed as preempting or superseding any law, rule, or	2825
regulation of this state concerning the safe operation of	2826
commercial motor vehicles.	2827

(C)(D) Whoever violates this section is guilty of a	2828
misdemeanor of the first degree.	2829

Sec. 4506.05.  (A) Notwithstanding any other provision of	2830
law, a person may drive a commercial motor vehicle on a highway in	2831
this state if all of the following conditions are met:	2832

(1) The person has a valid commercial driver's license or	2833
commercial driver's license temporary instruction permit issued by	2834
any state or jurisdiction in accordance with the minimum standards	2835
adopted by the federal highwaymotor carrier safety administration	2836
under the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	2837
3207-171, 49 U.S.C.A. App. for issuance of commercial drivers'	2838
licenses;	2839

(2) The person's commercial driver's license or permit is not	2840
suspended, revoked, or canceled;	2841

(3) The person is not disqualified from driving a commercial	2842
motor vehicle;	2843

(4) The person is not subject to an out-of-service order.

2844

(B) Whoever violates this section is guilty of a misdemeanor	2845
of the first degree.	2846

Sec. 4506.08.  (A)(1) Each application for a commercial	2847
driver's license temporary instruction permit shall be accompanied	2848
by a fee of ten dollars; except as provided in division (B) of	2849
this section, each. Each application for a commercial driver's	2850
license, restricted commercial driver's license, or renewal of	2851
such a license, or waiver for farm-related service industries	2852
shall be accompanied by a fee of twenty-five dollars; and each,	2853
except that an application for a commercial driver's license or	2854
restricted commercial driver's license received pursuant to	2855
division (A)(3) of section 4506.14 of the Revised Code shall be	2856
accompanied by a fee of eighteen dollars and seventy-five cents if	2857
the license will expire on the licensee's birthday three years	2858
after the date of issuance, a fee of twelve dollars and fifty	2859
cents if the license will expire on the licensee's birthday two	2860
years after the date of issuance, and a fee of six dollars and	2861
twenty-five cents if the license will expire on the licensee's	2862
birthday one year after the date of issuance. Each application for	2863
a duplicate commercial driver's license shall be accompanied by a	2864
fee of ten dollars. In	2865

(2) In addition, the registrar of motor vehicles or deputy	2866
registrar may collect and retain an additional fee of no more than	2867
two dollars and seventy-five cents commencing on July 1, 2001,	2868
three dollars and twenty-five cents commencing on January 1, 2003,	2869
and three dollars and fifty cents commencing on January 1, 2004,	2870
for each application for a commercial driver's license temporary	2871
instruction permit, commercial driver's license, renewal of a	2872
commercial driver's license, or duplicate commercial driver's	2873
license received by the registrar or deputy. No fee shall be	2874
charged for the annual issuance of a waiver for farm-related	2875
service industries pursuant to section 4506.24 of the Revised	2876
Code.	2877

(B) Each deputy registrar shall transmit the fees collected	2878
under division (A)(1) of this section to the registrar at the time	2879
and in the manner prescribed by the registrar by rule. The	2880
registrar shall pay the fees into the state highway safety fund	2881
established in section 4501.06 of the Revised Code.	2882

(B)(C) In addition to the fees imposed under division (A) of	2883
this section, the registrar of motor vehicles or deputy registrar	2884
shall collect a fee of twelve dollars commencing on October 1,	2885
2003, for each application for a commercial driver's license	2886
temporary instruction permit, commercial driver's license, or	2887
duplicate commercial driver's license and for each application for	2888
renewal of a commercial driver's license with an expiration date	2889
on or after that date received by the registrar or deputy	2890
registrar. The additional fee is for the purpose of defraying the	2891
department of public safety's costs associated with the	2892
administration and enforcement of the motor vehicle and traffic	2893
laws of Ohio. Each deputy registrar shall transmit the fees	2894
collected under division (B)(C) of this section in the time and	2895
manner prescribed by the registrar. The registrar shall deposit	2896
all moneys received under division (B)(C) of this section into the	2897
state highway safety fund established in section 4501.06 of the	2898
Revised Code.	2899

(C)(D) Information regarding the driving record of any person	2900
holding a commercial driver's license issued by this state shall	2901
be furnished by the registrar, upon request and payment of a fee	2902
of two dollars, to the employer or prospective employer of such a	2903
person and to any insurer.	2904

Sec. 4506.09.  (A) The registrar of motor vehicles, subject	2905
to approval by the director of public safety, shall adopt rules	2906
conforming with applicable standards adopted by the federal motor	2907
carrier safety administration as regulations under Pub. L. No.	2908
103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to	2909
31317. The rules shall establish requirements for the	2910
qualification and testing of persons applying for a commercial	2911
driver's license, which shall be in addition to other requirements	2912
established by this chapter. Except as provided in division (B) of	2913
this section, the highway patrol or any other employee of the	2914
department of public safety the registrar authorizes shall	2915
supervise and conduct the testing of persons applying for a	2916
commercial driver's license.	2917

(B) The director may adopt rules, in accordance with Chapter	2918
119. of the Revised Code and applicable requirements of the	2919
federal motor carrier safety administration, authorizing the	2920
skills test specified in this section to be administered by any	2921
person, by an agency of this or another state, or by an agency,	2922
department, or instrumentality of local government. Each party	2923
authorized under this division to administer the skills test may	2924
charge a maximum divisible fee of eighty-five dollars for each	2925
skills test given as part of a commercial driver's license	2926
examination. The fee shall consist of not more than twenty dollars	2927
for the pre-trip inspection portion of the test, not more than	2928
twenty dollars for the off-road maneuvering portion of the test,	2929
and not more than forty-five dollars for the on-road portion of	2930
the test. Each such party may require an appointment fee in the	2931
same manner provided in division (E)(2) of this section, except	2932
that the maximum amount such a party may require as an appointment	2933
fee is eighty-five dollars. The skills test administered by	2934
another party under this division shall be the same as otherwise	2935
would be administered by this state. The other party shall enter	2936
into an agreement with the director that, without limitation, does	2937
all of the following:	2938

(1) Allows the director or the director's representative and	2939
the federal motor carrier safety administration or its	2940
representative to conduct random examinations, inspections, and	2941
audits of the other party without prior notice;	2942

(2) Requires the director or the director's representative to	2943
conduct on-site inspections of the other party at least annually;	2944

(3) Requires that all examiners of the other party meet the	2945
same qualification and training standards as examiners of the	2946
department of public safety, to the extent necessary to conduct	2947
skills tests in the manner required by 49 C.F.R. 383.110 through	2948
383.135;	2949

(4) Requires either that state employees take, at least	2950
annually and as though the employees were test applicants, the	2951
tests actually administered by the other party, that the director	2952
test a sample of drivers who were examined by the other party to	2953
compare the test results, or that state employees accompany a test	2954
applicant during an actual test;	2955

(5) Reserves to this state the right to take prompt and	2956
appropriate remedial action against testers of the other party if	2957
the other party fails to comply with standards of this state or	2958
federal standards for the testing program or with any other terms	2959
of the contract.	2960

(C) The director shall enter into an agreement with the	2961
department of education authorizing the skills test specified in	2962
this section to be administered by the department at any location	2963
operated by the department for purposes of training and testing	2964
school bus drivers, provided that the agreement between the	2965
director and the department complies with the requirements of	2966
division (B) of this section. Skills tests administered by the	2967
department shall be limited to persons applying for a commercial	2968
driver's license with a school bus endorsement.	2969

(D) The director shall adopt rules, in accordance with	2970
Chapter 119. of the Revised Code, authorizing waiver of the skills	2971
test specified in this section for any applicant for a commercial	2972
driver's license who meets all of the following requirements:	2973

(1) Certifies that, during the two-year period immediately	2974
preceding application for a commercial driver's license, all of	2975
the following apply:	2976

(a) The applicant has not had more than one license;.

2977

(b) The applicant has not had any license suspended, revoked,	2978
or canceled;.	2979

(c) The applicant has not had any convictions for any type of	2980
motor vehicle for the offenses for which disqualification is	2981
prescribed in section 4506.16 of the Revised Code;.	2982

(d) The applicant has not had any violation of a state or	2983
local law relating to motor vehicle traffic control other than a	2984
parking violation arising in connection with any traffic accident	2985
and has no record of an accident in which the applicant was at	2986
fault.	2987

(e) The applicant has previously taken and passed a skills	2988
test given by a state with a classified licensing and testing	2989
system in which the test was behind-the-wheel in a representative	2990
vehicle for the applicant's commercial driver's license	2991
classification.	2992

(2) Certifies and also provides evidence that the applicant	2993
is regularly employed in a job requiring operation of a commercial	2994
motor vehicle and that one of the following applies:	2995

(a) The applicant has previously taken and passed a skills	2996
test given by a state with a classified licensing and testing	2997
system in which the test was behind-the-wheel in a representative	2998
vehicle for the applicant's commercial driver's license	2999
classification;.	3000

(b) The applicant has regularly operated, for at least two	3001
years immediately preceding application for a commercial driver's	3002
license, a vehicle representative of the commercial motor vehicle	3003
the applicant operates or expects to operate.	3004

(E)(1) The department of public safety may charge and collect	3005
a divisible fee of fifty dollars for each skills test given as	3006
part of a commercial driver's license examination. The fee shall	3007
consist of ten dollars for the pre-trip inspection portion of the	3008
test, ten dollars for the off-road maneuvering portion of the	3009
test, and thirty dollars for the on-road portion of the test.	3010

(2) The director may require an applicant for a commercial	3011
driver's license who schedules an appointment with the highway	3012
patrol or other authorized employee of the department of public	3013
safety to take all portions of the skills test, to pay an	3014
appointment fee of fifty dollars at the time of scheduling the	3015
appointment. If the applicant appears at the time and location	3016
specified for the appointment and takes all portions of the skills	3017
test during that appointment, the appointment fee shall serve as	3018
the skills test fee. If the applicant schedules an appointment to	3019
take all portions of the skills test and fails to appear at the	3020
time and location specified for the appointment, no portion of the	3021
appointment fee shall be refunded. If the applicant schedules an	3022
appointment to take all portions of the skills test and appears at	3023
the time and location specified for the appointment, but declines	3024
or is unable to take all portions of the skills test, no portion	3025
of the appointment fee shall serve as the skills test feebe	3026
refunded. If the applicant cancels a scheduled appointment	3027
forty-eight hours or more prior to the time of the appointment	3028
time, the applicant shall not forfeit the appointment fee.	3029

An applicant for a commercial driver's license who schedules	3030
an appointment to take one or more, but not all, portions of the	3031
skills test shall not be required to pay anyan appointment fee	3032
equal to the costs of each test scheduled, as prescribed in	3033
division (E)(1) of this section, when scheduling such an	3034
appointment. If the applicant appears at the time and location	3035
specified for the appointment and takes all the portions of the	3036
skills test during that appointment that the applicant was	3037
scheduled to take, the appointment fee shall serve as the skills	3038
test fee. If the applicant schedules an appointment to take one or	3039
more, but not all, portions of the skills test and fails to appear	3040
at the time and location specified for the appointment, no portion	3041
of the appointment fee shall be refunded. If the applicant	3042
schedules an appointment to take one or more, but not all,	3043
portions of the skills test and appears at the time and location	3044
specified for the appointment, but declines or is unable to take	3045
all portions of the skills test that the applicant was scheduled	3046
to take, no portion of the appointment fee shall be refunded. If	3047
the applicant cancels a scheduled appointment forty-eight hours or	3048
more prior to the time of the appointment time, the applicant	3049
shall not forfeit the appointment fee.	3050

(3) The department of public safety shall deposit all fees it	3051
collects under division (E) of this section in the state highway	3052
safety fund.	3053

(F) As used in this section, "skills test" means a test of an	3054
applicant's ability to drive the type of commercial motor vehicle	3055
for which the applicant seeks a commercial driver's license by	3056
having the applicant drive such a motor vehicle while under the	3057
supervision of an authorized state driver's license examiner or	3058
tester.	3059

Sec. 4506.10.  (A) No person who holds a valid commercial	3060
driver's license shall drive a commercial motor vehicle unless the	3061
person is physically qualified to do so. Each person who drives or	3062
expects to drive a commercial motor vehicle in interstate or	3063
foreign commerce or is otherwise subject to 49 C.F.R. 391, et	3064
seq., as amended, shall certify to the registrar of motor vehicles	3065
at the time of application for a commercial driver's license that	3066
the person is in compliance with these standards. Any person who	3067
is not subject to 49 C.F.R. 391, et seq., as amended, also shall	3068
certify at the time of application that the person is not subject	3069
to these standards.	3070

(B) A person is qualified to drive a class B commercial motor	3071
vehicle with a school bus endorsementif the person holds a valid	3072
commercial driver's license along with the proper endorsements,	3073
and if the person has been certified as medically qualified in	3074
accordance with rules adopted by the department of education.	3075

(C)(1) Except as provided in division (C)(2) of this section,	3076
any medical examination required by this section shall be	3077
performed only by one of the following:	3078

(a) A person licensed under Chapter 4731. of the Revised Code	3079
to practice medicine or surgery or osteopathic medicine and	3080
surgery in this state, or licensed under any similar law of	3081
another state;	3082

(b) A physician assistant who is authorized by the	3083
supervising physician to perform such a medical examination;	3084

(c) A certified nurse practitioner, a clinical nurse	3085
specialist, or a certified nurse-midwife;	3086

(d) A doctor of chiropractic.

3087

(2) Any part of an examination required by this section that	3088
pertains to visual acuity, field of vision, and the ability to	3089
recognize colors may be performed by a person licensed under	3090
Chapter 4725. of the Revised Code to practice optometry in this	3091
state, or licensed under any similar law of another state.	3092

(3) Any written documentation of a physical examination	3093
conducted pursuant to this section shall be completed by the	3094
individual who performed the examination.	3095

(D) Whenever good cause appears, the registrar, upon issuing	3096
a commercial driver's license under this chapter, may impose	3097
restrictions suitable to the licensee's driving ability with	3098
respect to the type of motor vehicle or special mechanical control	3099
devices required on a motor vehicle that the licensee may operate,	3100
or such other restrictions applicable to the licensee as the	3101
registrar determines to be necessary.	3102

The registrar may either issue a special restricted license	3103
or may set forth upon the usual license form the restrictions	3104
imposed.	3105

The registrar, upon receiving satisfactory evidence of any	3106
violation of the restrictions of the license, may impose a class D	3107
license suspension of the license for the period of time specified	3108
in division (B)(4) of section 4510.02 of the Revised Code.	3109

The registrar, upon receiving satisfactory evidence that an	3110
applicant or holder of a commercial driver's license has violated	3111
division (A)(4) of section 4506.04 of the Revised Code and	3112
knowingly given false information in any application or	3113
certification required by section 4506.07 of the Revised Code,	3114
shall cancel the commercial driver's license of the person or any	3115
pending application from the person for a commercial driver's	3116
license or class D driver's license for a period of at least sixty	3117
days, during which time no application for a commercial driver's	3118
license or class D driver's license shall be received from the	3119
person.	3120

(E) Whoever violates this section is guilty of a misdemeanor	3121
of the first degree.	3122

Sec. 4506.11.  (A) Every commercial driver's license shall be	3123
marked "commercial driver's license" or "CDL" and shall be of such	3124
material and so designed as to prevent its reproduction or	3125
alteration without ready detection, and, to this end, shall be	3126
laminated with a transparent plastic material. The commercial	3127
driver's license for licensees under twenty-one years of age shall	3128
have characteristics prescribed by the registrar of motor vehicles	3129
distinguishing it from that issued to a licensee who is twenty-one	3130
years of age or older. Every commercial driver's license shall	3131
display all of the following information:	3132

(1) The name and residence address of the licensee;

3133

(2) A color photograph of the licensee showing the licensee's	3134
uncovered face;	3135

(3) A physical description of the licensee, including sex,	3136
height, weight, and color of eyes and hair;	3137

(4) The licensee's date of birth;

3138

(5) The licensee's social security number if the person has	3139
requested that the number be displayed in accordance with section	3140
4501.31 of the Revised Code or if federal law requires the social	3141
security number to be displayed and any number or other identifier	3142
the director of public safety considers appropriate and	3143
establishes by rules adopted under Chapter 119. of the Revised	3144
Code and in compliance with federal law;	3145

(6) The licensee's signature;

3146

(7) The classes of commercial motor vehicles the licensee is	3147
authorized to drive and any endorsements or restrictions relating	3148
to the licensee's driving of those vehicles;	3149

(8) The name of this state;

3150

(9) The dates of issuance and of expiration of the license;

3151

(10) If the licensee has certified willingness to make an	3152
anatomical donation under section 2108.04 of the Revised Code, any	3153
symbol chosen by the registrar of motor vehicles to indicate that	3154
the licensee has certified that willingness;	3155

(11) If the licensee has executed a durable power of attorney	3156
for health care or a declaration governing the use or	3157
continuation, or the withholding or withdrawal, of life-sustaining	3158
treatment and has specified that the licensee wishes the license	3159
to indicate that the licensee has executed either type of	3160
instrument, any symbol chosen by the registrar to indicate that	3161
the licensee has executed either type of instrument;	3162

(12) Any other information the registrar considers advisable	3163
and requires by rule.	3164

(B) The registrar may establish and maintain a file of	3165
negatives of photographs taken for the purposes of this section.	3166

(C) Neither the registrar nor any deputy registrar shall	3167
issue a commercial driver's license to anyone under twenty-one	3168
years of age that does not have the characteristics prescribed by	3169
the registrar distinguishing it from the commercial driver's	3170
license issued to persons who are twenty-one years of age or	3171
older.	3172

(D) Whoever violates division (C) of this section is guilty	3173
of a minor misdemeanor.	3174

Sec. 4506.12.  (A) Commercial drivers' licenses shall be	3175
issued in the following classes and shall include any endorsements	3176
and restrictions that are applicable. Subject to any such	3177
endorsements and restrictions, the holder of a valid commercial	3178
driver's license may drive all commercial motor vehicles in the	3179
class for which that license is issued and all lesser classes of	3180
vehicles, except that the holder shall not operate a motorcycle	3181
unless the holder is licensed to do so under Chapter 4507. of the	3182
Revised Code.	3183

(B) The classes of commercial drivers' licenses and the	3184
commercial motor vehicles that they authorize the operation of are	3185
as follows:	3186

(1) Class A--any combination of vehicles with a combined	3187
gross vehicle weight rating of twenty-six thousand one pounds or	3188
more, if the gross vehicle weight rating of the vehicle or	3189
vehicles being towed is in excess of ten thousand pounds.	3190

(2) Class B--any single vehicle with a gross vehicle weight	3191
rating of twenty-six thousand one pounds or more or any such	3192
vehicle towing a vehicle having a gross vehicle weight rating that	3193
is not in excess of ten thousand pounds.	3194

(3) Class C--any single vehicle, or combination of vehicles,	3195
that is not a class A or class B vehicle, but that either is	3196
designed to transport sixteen or more passengers, including the	3197
driver, or is placarded fortransporting hazardous materials and	3198
in an amount requiring placarding, or any school bus with a gross	3199
vehicle weight rating of less than twenty-six thousand one pounds	3200
that is designed to transport fewer than sixteen passengers	3201
including the driver.	3202

(C) The following endorsements and restrictions apply to	3203
commercial drivers' licenses:	3204

(1) H--authorizes the driver to drive a vehicle transporting	3205
hazardous materials in an amount requiring placarding;	3206

(2) K--restricts the driver to only intrastate operation;

3207

(3) L--restricts the driver to vehicles not equipped with air	3208
brakes;	3209

(4) T--authorizes the driver to drive a vehicle configured	3210
with double andor triple trailers that create more than one	3211
articulation point for the combination;	3212

(5) P--authorizes the driver to drive vehicles carrying	3213
designed to transport sixteen or more passengers, including the	3214
driver;	3215

(6) P1--authorizes the driver to drive class A vehicles with	3216
designed for fewer than fifteensixteen passengers, including the	3217
driver, and all lesser classes of vehicles without restriction as	3218
to the numberdesigned passenger capacity of passengersthe	3219
vehicle;	3220

(7) P2--authorizes the driver to drive class A or B vehicles	3221
withdesigned for fewer than fifteensixteen passengers, including	3222
the driver, and all lesser classes of vehicles without restriction	3223
as to the numberdesigned passenger capacity of passengersthe	3224
vehicle;	3225

(8) P3--restricts the driver to driving class B school buses;

3226

(9) P4--Restricts the driver to driving class C school buses	3227
designed to transport fewer than sixteen passengers including the	3228
driver.	3229

(10)(9) N--authorizes the driver to drive tank vehicles;

3230

(11)(10) S--authorizes the driver to drive school buses	3231
transporting children;	3232

(12)(11) X--authorizes the driver to drive tank vehicles	3233
transporting hazardous materials in a quantity requiring	3234
placarding;	3235

(13)(12) W--restricts the driver to the operation of	3236
commercial motor vehicles in accordance with a waiver for	3237
farm-related service industries issued under section 4506.24 of	3238
the Revised Code.	3239

(D) In addition to any endorsement that otherwise may apply,	3240
a person who is engaged in the towing of a disabled or wrecked	3241
motor vehicle shall hold a commercial driver's license bearing any	3242
endorsement required to drive the towed vehicle except the driver	3243
is not required to have either of the following:	3244

(1) A passenger endorsement to tow an unoccupied passenger	3245
vehicle;	3246

(2) Any endorsement required for the wrecked or disabled	3247
vehicle when the driver initially removes a vehicle from the site	3248
of the emergency where the vehicle became wrecked or disabled to	3249
the nearest appropriate repair, disposal, or storage facility, as	3250
applicable.	3251

(E) No person shall drive any commercial motor vehicle for	3252
which an endorsement is required under this section unless the	3253
proper endorsement appears on the person's commercial driver's	3254
license.	3255

(F) Whoever violates this section is guilty of a misdemeanor	3256
of the first degree.	3257

Sec. 4506.14.  (A) Commercial driver's licenses shall expire	3258
as follows:	3259

(1) Except as provided in division (A)(3) or (4) of this	3260
section, each such license issued to replace an operator's or	3261
chauffeur's license shall expire on the original expiration date	3262
of the operator's or chauffeur's license and, upon renewal, shall	3263
expire on the licensee's birthday in the fourth year after the	3264
date of issuance.	3265

(2) Except as provided in division (A)(3) or (4) of this	3266
section, each such license issued as an original license to a	3267
person whose residence is in this state shall expire on the	3268
licensee's birthday in the fourth year after the date of issuance,	3269
and each such license issued to a person whose temporary residence	3270
is in this state shall expire in accordance with rules adopted by	3271
the registrar of motor vehicles. A license issued to a person with	3272
a temporary residence in this state is nonrenewable, but may be	3273
replaced with a new license within ninety days prior to its	3274
expiration upon the applicant's compliance with all applicable	3275
requirements.	3276

(3) The registrar or a deputy registrar may issue a license	3277
that expires on a date earlier than the licensee's birthday in the	3278
fourth year after the date of issuance if the licensee has	3279
undergone a security threat assessment required by federal law to	3280
obtain a hazardous materials endorsement and the assessment will	3281
expire before that date.	3282

(4) Each such license issued to replace the operator's or	3283
chauffeur's license of a person who is less than twenty-one years	3284
of age, and each such license issued as an original license to a	3285
person who is less than twenty-one years of age, shall expire on	3286
the licensee's twenty-first birthday.	3287

(B) No commercial driver's license shall be issued for a	3288
period longer than four years and ninetyone hundred eighty days.	3289
Except as provided in section 4507.12 of the Revised Code, the	3290
registrar may waive the examination of any person applying for the	3291
renewal of a commercial driver's license issued under this	3292
chapter, provided that the applicant presents either an unexpired	3293
commercial driver's license or a commercial driver's license that	3294
has expired not more than six months prior to the date of	3295
application.	3296

(C) Subject to the requirements of this chapter and except as	3297
provided in division (A)(2) of this section in regard to a person	3298
whose temporary residence is in this state, every commercial	3299
driver's license shall be renewable ninetyone hundred eighty days	3300
before its expiration upon payment of the fees required by section	3301
4506.08 of the Revised Code. Each person applying for renewal or	3302
transfer of a commercial driver's license shall complete the	3303
application form prescribed by section 4506.07 of the Revised Code	3304
and shall provide all certifications required. If the person	3305
wishes to retain an endorsement authorizing the person to	3306
transport hazardous materials, the person shall take and	3307
successfully complete the written test for the endorsement and	3308
shall submit to any background check required by federal law.	3309

(D) Each person licensed as a driver under this chapter shall	3310
notify the registrar of any change in the person's address within	3311
ten days following that change. The notification shall be in	3312
writing on a form provided by the registrar and shall include the	3313
full name, date of birth, license number, county of residence,	3314
social security number, and new address of the person.	3315

(E) Whoever violates division (D) of this section is guilty	3316
of a minor misdemeanor.	3317

Sec. 4506.15.  (A) No person shall do any of the following:

3318

(1) Drive a commercial motor vehicle while having a	3319
measurable or detectable amount of alcohol or of a controlled	3320
substance in the person's blood, breath, or urine;	3321

(2) Drive a commercial motor vehicle while having an alcohol	3322
concentration of four-hundredths of one per cent or more by whole	3323
blood or breath;	3324

(3) Drive a commercial motor vehicle while having an alcohol	3325
concentration of forty-eight-thousandths of one per cent or more	3326
by blood serum or blood plasma;	3327

(4) Drive a commercial motor vehicle while having an alcohol	3328
concentration of fifty-six-thousandths of one per cent or more by	3329
urine;	3330

(3)(5) Drive a commercial motor vehicle while under the	3331
influence of a controlled substance;	3332

(4) Knowingly leave the scene of an accident involving a	3333
commercial motor vehicle driven by the person;	3334

(5)(6) Use a commercial motor vehicle in the commission of a	3335
felony;	3336

(6)(7) Refuse to submit to a test under section 4506.17 of	3337
the Revised Code;	3338

(7) Violate an out-of-service order issued under this	3339
chapter;	3340

(8) Violate any prohibition described in divisions (A)(2) to	3341
(7) of this section while transporting hazardous materials;	3342

(9)(8) Operate a commercial motor vehicle while the person's	3343
commercial driving privileges are revoked, suspended, canceled, or	3344
disqualified;	3345

(9) Cause a fatality though the negligent operation of a	3346
commercial motor vehicle, including, but not limited to, the	3347
offenses of aggravated vehicular homicide, vehicular homicide, and	3348
vehicular manslaughter;	3349

(10) Use a commercial motor vehicle in the commission of a	3350
felony involving the manufacture, distribution, or dispensing of a	3351
controlled substance as defined in section 3719.01 of the Revised	3352
Code or the possession with intent to manufacture, distribute, or	3353
dispense a controlled substance;	3354

(10)(11) Drive a commercial motor vehicle in violation of any	3355
provision of sections 4511.61 to 4511.63 of the Revised Code or	3356
any federal or local law or ordinance pertaining to	3357
railroad-highway grade crossings;	3358

(12) Violate any prohibition described in divisions (A)(2) to	3359
(11) of this section while transporting hazardous materials.	3360

(B) Whoever violates this section is guilty of a misdemeanor	3361
of the first degree.	3362

Sec. 4506.16.  (A) Any person who is found to have been	3363
convicted of a violation of an out-of-service order shall be	3364
disqualified by the registrar of motor vehicles as follows:	3365

(1) If the person has not been convicted previously of a	3366
violation of an out-of-service order, the period of	3367
disqualification is ninety days.	3368

(2) If, during any ten-year period, the driver is convicted	3369
of a second violation of an out-of-service order in an incident	3370
separate from the incident that resulted in the first violation,	3371
the period of disqualification is one year.	3372

(3) If, during any ten-year period, the driver is convicted	3373
of a third or subsequent violation of an out-of-service order in	3374
an incident separate from the incidents that resulted in the	3375
previous violations during that ten-year period, the period of	3376
disqualification is three years.	3377

(B)(1) A driver is disqualified for one hundred eighty days	3378
if the driver is convicted of a first violation of an	3379
out-of-service order while transporting hazardous materials	3380
required to be placarded under the "Hazardous Materials	3381
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	3382
amended, or while operating a motor vehicle designed to transport	3383
sixteen or more passengers, including the driver.	3384

(2) A driver is disqualified for a period of three years if,	3385
during any ten-year period, the driver is convicted of a second or	3386
subsequent violation, in an incident separate from the incident	3387
that resulted in a previous violation during that ten-year period,	3388
of an out-of-service order while transporting hazardous materials	3389
required to be placarded under that act, or while operating a	3390
motor vehicle designed to transport sixteen or more passengers,	3391
including the driver.	3392

(C) Whoever violates division (A)(1) of section 4506.15 of	3393
the Revised Code or a similar law of another state or a foreign	3394
jurisdiction, immediately shall be placed out-of-service for	3395
twenty-four hours, in addition to any disqualification required by	3396
this section and any other penalty imposed by the Revised Code.	3397

(B)(D) The registrar of motor vehicles shall disqualify any	3398
personholder of a commercial driver's license, or any operator of	3399
a commercial motor vehicle for which a commercial driver's license	3400
is required, from operating a commercial motor vehicle as follows:	3401

(1) Upon a first conviction for a violation of any provision	3402
of divisions (A)(2) to (7)(9) of section 4506.15 of the Revised	3403
Code, or of section 4511.19 or sections 4549.02 to 4549.03 of the	3404
Revised Code, or a similar law of another state or a foreign	3405
jurisdiction, one year and upon;	3406

(2) Upon a second conviction for a violation of any provision	3407
of divisions (A)(2) to (9) of section 4506.15 of the Revised Code,	3408
or of section 4511.19 or sections 4549.02 to 4549.03 of the	3409
Revised Code, or a similar law of another state or a foreign	3410
jurisdiction, or any combination of such violations arising from	3411
two or more separate incidents, the person shall be disqualified	3412
for life or for any other period of time as determined by the	3413
United States secretary of transportation and designated by the	3414
director of public safety by rule;	3415

(2)(3) Upon a first conviction for a violation of division	3416
(A)(8)(12) of section 4506.15 of the Revised Code or a similar law	3417
of another state or a foreign jurisdiction, three years;	3418

(3)(4) Upon conviction of a violation of division (A)(9)(10)	3419
of section 4506.15 of the Revised Code or a similar law of another	3420
state or a foreign jurisdiction, the person shall be disqualified	3421
for life;	3422

(4) Upon a first conviction for a violation of division	3423
(A)(10) of section 4506.15 of the Revised Code or a similar law of	3424
another state or a foreign jurisdiction, occurring in a three-year	3425
period, the person shall be disqualified for not less than sixty	3426
days, upon a second conviction occurring in the three-year period,	3427
the person shall be disqualified for not less than one hundred	3428
twenty days, and upon a subsequent conviction occurring within a	3429
three-year period, the person shall be disqualified for not less	3430
than one year;	3431

(5) Upon conviction of two serious traffic violations	3432
involving the operation of a commercial motor vehicle by the	3433
person and arising from separate incidents occurring in a	3434
three-year period, the person shall be disqualified for sixty days	3435
if the conviction results in the suspension, cancellation, or	3436
revocation of the holder's commercial driver's license or	3437
noncommercial motor vehicle driving privileges;	3438

(6) Upon conviction of three serious traffic violations	3439
involving the operation of a commercial motor vehicle by the	3440
person and arising from separate incidents occurring in a	3441
three-year period, the person shall be disqualified for one	3442
hundred twenty days if the conviction results in the suspension,	3443
cancellation, or revocation of the holder's commercial driver's	3444
license or noncommercial motor vehicle driving privileges.	3445

(7) Upon a first conviction involving the operation of a	3446
commercial motor vehicle in violation of any provisions of	3447
sections 4511.61 to 4511.63 of the Revised Code or a similar law	3448
of another state or foreign jurisdiction, not less than sixty	3449
days;	3450

(8) Upon a second conviction involving the operation of a	3451
commercial motor vehicle in violation of any provisions of	3452
sections 4511.61 to 4511.63 of the Revised Code or a similar law	3453
of another state or foreign jurisdiction within three years of the	3454
first such conviction, not less than one hundred twenty days;	3455

(9) Upon a third or subsequent conviction involving the	3456
operation of a commercial motor vehicle in violation of any	3457
provisions of sections 4511.61 to 4511.63 of the Revised Code or a	3458
similar law of another state or foreign jurisdiction within three	3459
years of the first such conviction, not less than one year;	3460

(10) Upon receiving notification from the federal motor	3461
carrier safety administration, the registrar shall disqualify any	3462
commercial motor vehicle driver whose driving is determined to	3463
constitute an imminent hazard as defined under federal motor	3464
carrier safety regulation 49 C.F.R. 383.52.	3465

(C)(E) For the purposes of this section, conviction of a	3466
violation for which disqualification is required may be evidenced	3467
by any of the following:	3468

(1) A judgment entry of a court of competent jurisdiction in	3469
this or any other state;	3470

(2) An administrative order of a state agency of this or any	3471
other state having statutory jurisdiction over commercial drivers;	3472

(3) A computer record obtained from or through the commercial	3473
driver's license information system;	3474

(4) A computer record obtained from or through a state agency	3475
of this or any other state having statutory jurisdiction over	3476
commercial drivers or the records of commercial drivers.	3477

(D)(F) For purposes of this section, conviction of	3478
disqualifying offenses committed in a noncommercial motor vehicle	3479
are included if either of the following applies:	3480

(1) The offense occurred after the person obtained the	3481
person's commercial driver's license.	3482

(2) The offense occurs on or after September 30, 2005.

3483

(G) If a person commits a serious traffic violation by	3484
operating a commercial motor vehicle without having a commercial	3485
driver's license in the person's possession as described in	3486
division (DD)(7) of section 4506.01 of the Revised Code and the	3487
person then submits proof to either the enforcement agency that	3488
issued the citation for the violation or to the court with	3489
jurisdiction over the case before the date of the person's initial	3490
appearance that shows that the person held a valid commercial	3491
driver's license at the time of the violation, the violation shall	3492
not be deemed to be a serious traffic violation.	3493

(H) Any record described in division (C) of this section	3494
shall be deemed to be self-authenticating when it is received by	3495
the bureau of motor vehicles.	3496

(E)(I) When disqualifying a driver, the registrar shall cause	3497
the records of the bureau to be updated to reflect that action	3498
within ten days after it occurs.	3499

(F)(J) The registrar immediately shall notify a driver who is	3500
finally convicted of any offense described in section 4506.15 of	3501
the Revised Code or division (B)(3), (4), (5), or (6) of this	3502
section and thereby is subject to disqualification, of the offense	3503
or offenses involved, of the length of time for which	3504
disqualification is to be imposed, and that the driver may request	3505
a hearing within thirty days of the mailing of the notice to show	3506
cause why the driver should not be disqualified from operating a	3507
commercial motor vehicle. If a request for such a hearing is not	3508
made within thirty days of the mailing of the notice, the order of	3509
disqualification is final. The registrar may designate hearing	3510
examiners who, after affording all parties reasonable notice,	3511
shall conduct a hearing to determine whether the disqualification	3512
order is supported by reliable evidence. The registrar shall adopt	3513
rules to implement this division.	3514

(G)(K) Any person who is disqualified from operating a	3515
commercial motor vehicle under this section may apply to the	3516
registrar for a driver's license to operate a motor vehicle other	3517
than a commercial motor vehicle, provided the person's commercial	3518
driver's license is not otherwise suspended. A person whose	3519
commercial driver's license is suspended shall not apply to the	3520
registrar for or receive a driver's license under Chapter 4507. of	3521
the Revised Code during the period of suspension.	3522

(H)(L) The disqualifications imposed under this section are	3523
in addition to any other penalty imposed by the Revised Code.	3524

Sec. 4506.17.  (A) Any person who drivesholds a commercial	3525
driver's license or operates a commercial motor vehicle requiring	3526
a commercial driver's license within this state shall be deemed to	3527
have given consent to a test or tests of the person's whole blood,	3528
blood serum or plasma, breath, or urine for the purpose of	3529
determining the person's alcohol concentration or the presence of	3530
any controlled substance.	3531

(B) A test or tests as provided in division (A) of this	3532
section may be administered at the direction of a peace officer	3533
having reasonable ground to stop or detain the person and, after	3534
investigating the circumstances surrounding the operation of the	3535
commercial motor vehicle, also having reasonable ground to believe	3536
the person was driving the commercial vehicle while having a	3537
measurable or detectable amount of alcohol or of a controlled	3538
substance in the person's whole blood, blood serum or plasma,	3539
breath, or urine. Any such test shall be given within two hours of	3540
the time of the alleged violation.	3541

(C) A person requested to submit to a test under division (A)	3542
of this section shall be advised by the peace officer requesting	3543
the test that a refusal to submit to the test will result in the	3544
person immediately being placed out-of-service for a period of	3545
twenty-four hours and being disqualified from operating a	3546
commercial motor vehicle for a period of not less than one year,	3547
and that the person is required to surrender the person's	3548
commercial driver's license to the peace officer.	3549

(D) If a person refuses to submit to a test after being	3550
warned as provided in division (C) of this section or submits to a	3551
test that discloses the presence of a controlled substance or, an	3552
alcohol concentration of four-hundredths of one per cent or more	3553
by whole blood or breath, an alcohol concentration of	3554
forty-eight-thousandths of one per cent or more by blood serum or	3555
blood plasma, or an alcohol concentration of fifty-six-thousandths	3556
of one per cent or more by urine, the person immediately shall	3557
surrender the person's commercial driver's license to the peace	3558
officer. The peace officer shall forward the license, together	3559
with a sworn report, to the registrar of motor vehicles certifying	3560
that the test was requested pursuant to division (A) of this	3561
section and that the person either refused to submit to testing or	3562
submitted to a test that disclosed the presence of a controlled	3563
substance or ana prohibited alcohol concentration of	3564
four-hundredths of one per cent or more. The form and contents of	3565
the report required by this section shall be established by the	3566
registrar by rule, but shall contain the advice to be read to the	3567
driver and a statement to be signed by the driver acknowledging	3568
that the driver has been read the advice and that the form was	3569
shown to the driver.	3570

(E) Upon receipt of a sworn report from a peace officer as	3571
provided in division (D) of this section, the registrar shall	3572
disqualify the person named in the report from driving a	3573
commercial motor vehicle for the period described below:	3574

(1) Upon a first incident, one year;

3575

(2) Upon an incident of refusal or of a prohibited	3576
concentration of alcohol after one or more previous incidents of	3577
either refusal or of a prohibited concentration of alcohol, the	3578
person shall be disqualified for life or such lesser period as	3579
prescribed by rule by the registrar.	3580

(F) A test of a person's whole blood or a person's blood	3581
serum or plasma given under this section shall comply with the	3582
applicable provisions of division (D) of section 4511.19 of the	3583
Revised Code and any physician, registered nurse, or qualified	3584
technician, chemist, or phlebotomist who withdraws whole blood or	3585
blood serum or plasma from a person under this section, and any	3586
hospital, first-aid station, clinic, or other facility at which	3587
whole blood or blood serum or plasma is withdrawn from a person	3588
pursuant to this section, is immune from criminal liability, and	3589
from civil liability that is based upon a claim of assault and	3590
battery or based upon any other claim of malpractice, for any act	3591
performed in withdrawing whole blood or blood serum or plasma from	3592
the person.	3593

(G) When a person submits to a test under this section, the	3594
results of the test, at the person's request, shall be made	3595
available to the person, the person's attorney, or the person's	3596
agent, immediately upon completion of the chemical test analysis.	3597
The person also may have an additional test administered by a	3598
physician, a registered nurse, or a qualified technician, chemist,	3599
or phlebotomist of the person's own choosing as provided in	3600
division (D) of section 4511.19 of the Revised Code for tests	3601
administered under that section, and the failure to obtain such a	3602
test has the same effect as in that division.	3603

(H) No person shall refuse to immediately surrender the	3604
person's commercial driver's license to a peace officer when	3605
required to do so by this section.	3606

(I) A peace officer issuing an out-of-service order or	3607
receiving a commercial driver's license surrendered under this	3608
section may remove or arrange for the removal of any commercial	3609
motor vehicle affected by the issuance of that order or the	3610
surrender of that license.	3611

(J)(1) Except for civil actions arising out of the operation	3612
of a motor vehicle and civil actions in which the state is a	3613
plaintiff, no peace officer of any law enforcement agency within	3614
this state is liable in compensatory damages in any civil action	3615
that arises under the Revised Code or common law of this state for	3616
an injury, death, or loss to person or property caused in the	3617
performance of official duties under this section and rules	3618
adopted under this section, unless the officer's actions were	3619
manifestly outside the scope of the officer's employment or	3620
official responsibilities, or unless the officer acted with	3621
malicious purpose, in bad faith, or in a wanton or reckless	3622
manner.	3623

(2) Except for civil actions that arise out of the operation	3624
of a motor vehicle and civil actions in which the state is a	3625
plaintiff, no peace officer of any law enforcement agency within	3626
this state is liable in punitive or exemplary damages in any civil	3627
action that arises under the Revised Code or common law of this	3628
state for any injury, death, or loss to person or property caused	3629
in the performance of official duties under this section of the	3630
Revised Code and rules adopted under this section, unless the	3631
officer's actions were manifestly outside the scope of the	3632
officer's employment or official responsibilities, or unless the	3633
officer acted with malicious purpose, in bad faith, or in a wanton	3634
or reckless manner.	3635

(K) When disqualifying a driver, the registrar shall cause	3636
the records of the bureau of motor vehicles to be updated to	3637
reflect the disqualification within ten days after it occurs.	3638

(L) The registrar immediately shall notify a driver who is	3639
subject to disqualification of the disqualification, of the length	3640
of the disqualification, and that the driver may request a hearing	3641
within thirty days of the mailing of the notice to show cause why	3642
the driver should not be disqualified from operating a commercial	3643
motor vehicle. If a request for such a hearing is not made within	3644
thirty days of the mailing of the notice, the order of	3645
disqualification is final. The registrar may designate hearing	3646
examiners who, after affording all parties reasonable notice,	3647
shall conduct a hearing to determine whether the disqualification	3648
order is supported by reliable evidence. The registrar shall adopt	3649
rules to implement this division.	3650

(M) Any person who is disqualified from operating a	3651
commercial motor vehicle under this section may apply to the	3652
registrar for a driver's license to operate a motor vehicle other	3653
than a commercial motor vehicle, provided the person's commercial	3654
driver's license is not otherwise suspended. A person whose	3655
commercial driver's license is suspended shall not apply to the	3656
registrar for or receive a driver's license under Chapter 4507. of	3657
the Revised Code during the period of suspension.	3658

(N) Whoever violates division (H) of this section is guilty	3659
of a misdemeanor of the first degree.	3660

Sec. 4506.20.  (A) Each employer shall require every	3661
applicant for employment as a driver of a commercial motor vehicle	3662
to provide the applicant's employment history for the ten years	3663
preceding the date the employment application is submitted to the	3664
prospective employer. The following information specified in	3665
section 4506.20 of the Revised Codeshall be submitted:	3666

(1) A list of the names and addresses of the applicant's	3667
previous employers for which the applicant was the operator of a	3668
commercial motor vehicle;	3669

(2) The dates the applicant was employed by these employers;

3670

(3) The reason for leaving each of these employers.

3671

(B) No employer shall knowingly permit or authorize any	3672
driver employed by the employer to drive a commercial motor	3673
vehicle during any period in which any of the following apply:	3674

(1) The driver's commercial driver's license is suspended,	3675
revoked, or canceled by any state or a foreign jurisdiction;	3676

(2) The driver has lost the privilege to drive, or currently	3677
is disqualified from driving, a commercial motor vehicle in any	3678
state or foreign jurisdiction;	3679

(3) The driver, the commercial motor vehicle the driver is	3680
driving, or the motor carrier operation is subject to an	3681
out-of-service order in any state or foreign jurisdiction;	3682

(4) The driver has more than one driver's license.

3683

(C) No employer shall knowingly permit or authorize a driver	3684
to operate a commercial motor vehicle in violation of section	3685
4506.15 of the Revised Code.	3686

(D)(1) Whoever violates division (A) or (B) of this section	3687
is guilty of a misdemeanor of the first degree.	3688

(2) Whoever violates division (C) of this section may be	3689
assessed a fine not to exceed ten thousand dollars.	3690

Sec. 4506.23.  Within the jurisdictional limits of histhe	3691
appointing authority, any peace officer shall stop and detain any	3692
person found violating section 4506.15 of the Revised Code,	3693
without obtaining a warrant. When there is reasonable ground to	3694
believe that a violation of section 4506.15 of the Revised Code	3695
has been committed and a test or tests of the person's whole	3696
blood, blood plasma or blood serum, breath, or urine is necessary,	3697
the peace officer shall take the person to an appropriate place	3698
for testing. If a person refuses to submit to a test after being	3699
warned as provided in division (C) of section 4506.17 of the	3700
Revised Code or submits to a test that discloses the presence of a	3701
controlled substance or an alcohol concentration of	3702
four-hundredths of one per cent or more by whole blood or breath,	3703
an alcohol concentration of forty-eight-thousandths of one per	3704
cent or more by blood serum or blood plasma, or an alcohol	3705
concentration of fifty-six-thousandths of one per cent or more by	3706
urine, the peace officer shall require that the person immediately	3707
surrender histhe person's commercial driver's license to the	3708
peace officer.	3709

As used in this section, "jurisdictional limits" means the	3710
limits within which a peace officer may arrest and detain a person	3711
without a warrant under section 2935.03 of the Revised Code,	3712
except that the superintendent and the troopers of the state	3713
highway patrol may stop and detain, without warrant, any person	3714
who, in the presence of the superintendent or any trooper, is	3715
engaged in the violation of this chapter.	3716

Sec. 4506.25.  (A) As used in this section:

3717

(1), "Commercialcommercial motor vehicle" means any	3718
self-propelled or towed vehicle used on public highways in	3719
intrastate or interstate commerce to transport passengers or	3720
property that meets any of the following specifications:	3721

(a)(1) The vehicle has a gross vehicle weight rating or gross	3722
combination weight rating of ten thousand one pounds or more.	3723

(b)(2) The vehicle is designed to transport sixteen or more	3724
passengers, including the driver.	3725

(c)(3) The vehicle is used in the transportation of hazardous	3726
materials in a quantity requiring placarding under the regulations	3727
issued by the United States secretary of transportation under the	3728
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	3729
U.S.C.A. 1801, as amended.	3730

(2) "Out-of-service order" means a declaration by an	3731
authorized enforcement officer of a federal, state, local,	3732
Canadian, or Mexican jurisdiction declaring that a driver,	3733
commercial motor vehicle, or commercial motor carrier operation is	3734
out of service pursuant to 49 C.F.R. 386.72, 392.5, 395.13, or	3735
396.9, as amended, laws equivalent to those provisions, or the	3736
North American uniform out-of-service criteria.	3737

(B) The registrar of motor vehicles shall disqualify any	3738
person from operating a commercial motor vehicle who receives a	3739
notice of a conviction for violation of an out-of-service order	3740
issued under rules of the public utilities commission adopted	3741
pursuant to section 4919.79, 4921.04, or 4923.20 of the Revised	3742
Code, or a conviction for a violation of the same or similar laws	3743
of another state or jurisdiction applicable to vehicles in	3744
regulated commerce.	3745

Sec. 4507.02.  (A)(1) No person shall permit the operation of	3746
a motor vehicle upon any public or private property used by the	3747
public for purposes of vehicular travel or parking knowing the	3748
operator does not have a valid driver's license issued to the	3749
operator by the registrar of motor vehicles under this chapter or	3750
a valid commercial driver's license issued under Chapter 4506. of	3751
the Revised Code. Whoever violates this division is guilty of a	3752
misdemeanor of the first degree.	3753

(2) No person shall receive a driver's license, or a	3754
motorcycle operator's endorsement of a driver's or commercial	3755
driver's license, unless and until the person surrenders to the	3756
registrar all valid licenses issued to the person by another	3757
jurisdiction recognized by this state. All surrendered licenses	3758
shall be returned by theThe registrar shall report the surrender	3759
of a license to the issuing authority, together with information	3760
that a license is now issued in this state. The registrar shall	3761
destroy any such license that is not returned to the issuing	3762
authority. No person shall be permitted to have more than one	3763
valid license at any time.	3764

(B)(1) If a person is convicted of a violation of section	3765
4510.11, 4510.14, 4510.16, or 4510.21 of the Revised Code or if	3766
division (F) of section 4507.164 of the Revised Code applies, the	3767
trial judge of any court, in addition to or independent of, any	3768
other penalties provided by law or ordinance, shall impound the	3769
identification license plates of any motor vehicle registered in	3770
the name of the person. The court shall send the impounded license	3771
plates to the registrar, who may retain the license plates until	3772
the driver's or commercial driver's license of the owner has been	3773
reinstated or destroy them pursuant to section 4503.232 of the	3774
Revised Code.	3775

If the license plates of a person convicted of a violation of	3776
any provision of those sections have been impounded in accordance	3777
with the provisions of this division, the court shall notify the	3778
registrar of that action. The notice shall contain the name and	3779
address of the driver, the serial number of the driver's driver's	3780
or commercial driver's license, the serial numbers of the license	3781
plates of the motor vehicle, and the length of time for which the	3782
license plates have been impounded. The registrar shall record the	3783
data in the notice as part of the driver's permanent record.	3784

(2) Any motor vehicle owner who has had the license plates of	3785
a motor vehicle impounded pursuant to division (B)(1) of this	3786
section may apply to the registrar, or to a deputy registrar, for	3787
restricted license plates that shall conform to the requirements	3788
of section 4503.231 of the Revised Code. The registrar or deputy	3789
registrar forthwith shall notify the court of the application and,	3790
upon approval of the court, shall issue restricted license plates	3791
to the applicant. Until the driver's or commercial driver's	3792
license of the owner is reinstated, any new license plates issued	3793
to the owner also shall conform to the requirements of section	3794
4503.231 of the Revised Code.	3795

The registrar or deputy registrar shall charge the owner of a	3796
vehicle the fees provided in section 4503.19 of the Revised Code	3797
for restricted license plates that are issued in accordance with	3798
this division, except upon renewal as specified in section 4503.10	3799
of the Revised Code, when the regular fee as provided in section	3800
4503.04 of the Revised Code shall be charged. The registrar or	3801
deputy registrar shall charge the owner of a vehicle the fees	3802
provided in section 4503.19 of the Revised Code whenever	3803
restricted license plates are exchanged, by reason of the	3804
reinstatement of the driver's or commercial driver's license of	3805
the owner, for those ordinarily issued.	3806

(3) If an owner wishes to sell a motor vehicle during the	3807
time the restricted license plates provided under division (B)(2)	3808
of this section are in use, the owner may apply to the court that	3809
impounded the license plates of the motor vehicle for permission	3810
to transfer title to the motor vehicle. If the court is satisfied	3811
that the sale will be made in good faith and not for the purpose	3812
of circumventing the provisions of this section, it may certify	3813
its consent to the owner and to the registrar of motor vehicles	3814
who shall enter notice of the transfer of the title of the motor	3815
vehicle in the vehicle registration record.	3816

If, during the time the restricted license plates provided	3817
under division (B)(2) of this section are in use, the title to a	3818
motor vehicle is transferred by the foreclosure of a chattel	3819
mortgage, a sale upon execution, the cancellation of a conditional	3820
sales contract, or by order of a court, the court shall notify the	3821
registrar of the action and the registrar shall enter notice of	3822
the transfer of the title to the motor vehicle in the vehicle	3823
registration record.	3824

(C) This section is not intended to change or modify any	3825
provision of Chapter 4503. of the Revised Code with respect to the	3826
taxation of motor vehicles or the time within which the taxes on	3827
motor vehicles shall be paid.	3828

Sec. 4508.06. (A) The director of public safety may refuse to	3829
issue, or may suspend or revoke, a license or may impose a fine of	3830
not more than ten thousand dollars per occurrence in any case in	3831
which the director finds the applicant or licensee has violated	3832
any of the provisions of this chapter, or any of the regulations	3833
rules adopted by the director, or has failed to pay a fine imposed	3834
under this division. No person whose license has been suspended or	3835
revoked under this section shall fail to return the license to the	3836
director.	3837

(B) The director shall deposit all fines collected under	3838
division (A) of this section into the state treasury to the credit	3839
of the state highway safety fund created by section 4501.06 of the	3840
Revised Code.	3841

(C) Whoever violatesfails to return a license that has been	3842
suspended or revoked under division (A) of this section is guilty	3843
of failing to return a suspended or revoked license, a minor	3844
misdemeanor or, on a second or subsequent offense within two years	3845
after the first offense, a misdemeanor of the fourth degree.	3846

Sec. 4508.10. (A) A driver training school shall issue a	3847
certificate of completion to each person who successfully	3848
completes a course of instruction necessary to obtain or maintain	3849
a driver's license. The department of public safety shall provide	3850
each driver training school with the certificate of completion	3851
forms.	3852

(B) The fee for each driver's license certificate of	3853
completion provided by the department to a driver training school	3854
is four dollars. The director of public safety shall deposit the	3855
fees collected under this section into the state treasury to the	3856
credit of the state highway safety fund created in section 4501.16	3857
of the Revised Code.	3858

(C) As used in this section, "driver's license" has the same	3859
meaning as in section 4507.01 of the Revised Code.	3860

Sec. 4509.27. There is hereby created in the state treasury	3861
the security deposit fund. All security deposits that the	3862
registrar of motor vehicles requires to be paid under section	3863
4509.12 of the Revised Code and that the registrar receives shall	3864
be deposited into the fund. Moneys in the fund shall be applied	3865
only to the payment of a judgment for damages arising out of an	3866
accident as provided in section 4509.28 of the Revised Code and to	3867
the return of security deposits as provided in sections 4509.25	3868
and 4509.29 of the Revised Code. All investment earnings on the	3869
cash balance inof the fund shall be credited to the roadwork	3870
development fund created by section 122.14 of the Revised Code.	3871

Sec. 4511.21.  (A) No person shall operate a motor vehicle,	3872
trackless trolley, or streetcar at a speed greater or less than is	3873
reasonable or proper, having due regard to the traffic, surface,	3874
and width of the street or highway and any other conditions, and	3875
no person shall drive any motor vehicle, trackless trolley, or	3876
streetcar in and upon any street or highway at a greater speed	3877
than will permit the person to bring it to a stop within the	3878
assured clear distance ahead.	3879

(B) It is prima-facie lawful, in the absence of a lower limit	3880
declared pursuant to this section by the director of	3881
transportation or local authorities, for the operator of a motor	3882
vehicle, trackless trolley, or streetcar to operate the same at a	3883
speed not exceeding the following:	3884

(1)(a) Twenty miles per hour in school zones during school	3885
recess and while children are going to or leaving school during	3886
the opening or closing hours, and when twenty miles per hour	3887
school speed limit signs are erected; except that, on	3888
controlled-access highways and expressways, if the right-of-way	3889
line fence has been erected without pedestrian opening, the speed	3890
shall be governed by division (B)(4) of this section and on	3891
freeways, if the right-of-way line fence has been erected without	3892
pedestrian opening, the speed shall be governed by divisions	3893
(B)(8) and (9) of this section. The end of every school zone may	3894
be marked by a sign indicating the end of the zone. Nothing in	3895
this section or in the manual and specifications for a uniform	3896
system of traffic control devices shall be construed to require	3897
school zones to be indicated by signs equipped with flashing or	3898
other lights, or giving other special notice of the hours in which	3899
the school zone speed limit is in effect.	3900

(b) As used in this section and in section 4511.212 of the	3901
Revised Code, "school" means any school chartered under section	3902
3301.16 of the Revised Code and any nonchartered school that	3903
during the preceding year filed with the department of education	3904
in compliance with rule 3301-35-08 of the Ohio Administrative	3905
Code, a copy of the school's report for the parents of the	3906
school's pupils certifying that the school meets Ohio minimum	3907
standards for nonchartered, nontax-supported schools and presents	3908
evidence of this filing to the jurisdiction from which it is	3909
requesting the establishment of a school zone.	3910

(c) As used in this section, "school zone" means that portion	3911
of a street or highway passing a school fronting upon the street	3912
or highway that is encompassed by projecting the school property	3913
lines to the fronting street or highway, and also includes that	3914
portion of a state highway. Upon request from local authorities	3915
for streets and highways under their jurisdiction and that portion	3916
of a state highway under the jurisdiction of the director of	3917
transportation, the director may extend the traditional school	3918
zone boundaries. The distances in divisions (B)(1)(c)(i), (ii),	3919
and (iii) of this section shall not exceed three hundred feet per	3920
approach per direction and are bounded by whichever of the	3921
following distances or combinations thereof the director approves	3922
as most appropriate:	3923

(i) The distance encompassed by projecting the school	3924
building lines normal to the fronting highway and extending a	3925
distance of three hundred feet on each approach direction;	3926

(ii) The distance encompassed by projecting the school	3927
property lines intersecting the fronting highway and extending a	3928
distance of three hundred feet on each approach direction;	3929

(iii) The distance encompassed by the special marking of the	3930
pavement for a principal school pupil crosswalk plus a distance of	3931
three hundred feet on each approach direction of the highway.	3932

Nothing in this section shall be construed to invalidate the	3933
director's initial action on August 9, 1976, establishing all	3934
school zones at the traditional school zone boundaries defined by	3935
projecting school property lines, except when those boundaries are	3936
extended as provided in divisions (B)(1)(a) and (c) of this	3937
section.	3938

(d) As used in this division, "crosswalk" has the meaning	3939
given that term in division (LL)(2) of section 4511.01 of the	3940
Revised Code.	3941

The director may, upon request by resolution of the	3942
legislative authority of a municipal corporation, the board of	3943
trustees of a township, or a county board of mental retardation	3944
and developmental disabilities created pursuant to Chapter 5126.	3945
of the Revised Code, and upon submission by the municipal	3946
corporation, township, or county board of such engineering,	3947
traffic, and other information as the director considers	3948
necessary, designate a school zone on any portion of a state route	3949
lying within the municipal corporation, lying within the	3950
unincorporated territory of the township, or lying adjacent to the	3951
property of a school that is operated by such county board, that	3952
includes a crosswalk customarily used by children going to or	3953
leaving a school during recess and opening and closing hours,	3954
whenever the distance, as measured in a straight line, from the	3955
school property line nearest the crosswalk to the nearest point of	3956
the crosswalk is no more than one thousand three hundred twenty	3957
feet. Such a school zone shall include the distance encompassed by	3958
the crosswalk and extending three hundred feet on each approach	3959
direction of the state route.	3960

(2) Twenty-five miles per hour in all other portions of a	3961
municipal corporation, except on state routes outside business	3962
districts, through highways outside business districts, and	3963
alleys;	3964

(3) Thirty-five miles per hour on all state routes or through	3965
highways within municipal corporations outside business districts,	3966
except as provided in divisions (B)(4) and (6) of this section;	3967

(4) Fifty miles per hour on controlled-access highways and	3968
expressways within municipal corporations;	3969

(5) Fifty-five miles per hour on highways outside of	3970
municipal corporations, other than freeways as provided in	3971
division (B)(12) of this section;	3972

(6) Fifty miles per hour on state routes within municipal	3973
corporations outside urban districts unless a lower prima-facie	3974
speed is established as further provided in this section;	3975

(7) Fifteen miles per hour on all alleys within the municipal	3976
corporation;	3977

(8) Fifty-five miles per hour at all times on freeways with	3978
paved shoulders inside municipal corporations, other than freeways	3979
as provided in division (B)(12) of this section;	3980

(9) Fifty-five miles per hour at all times on freeways	3981
outside municipal corporations, other than freeways as provided in	3982
division (B)(12) of this section;	3983

(10) Fifty-five miles per hour at all times on all portions	3984
of freeways that are part of the interstate system and on all	3985
portions of freeways that are not part of the interstate system,	3986
but are built to the standards and specifications that are	3987
applicable to freeways that are part of the interstate system for	3988
operators of any motor vehicle weighing in excess of eight	3989
thousand pounds empty weight and any noncommercial bus;	3990

(11) Fifty-five miles per hour for operators of any motor	3991
vehicle weighing eight thousand pounds or less empty weight and	3992
any commercial bus at all times on all portions of freeways that	3993
are part of the interstate system and that had such a speed limit	3994
established prior to October 1, 1995, and freeways that are not	3995
part of the interstate system, but are built to the standards and	3996
specifications that are applicable to freeways that are part of	3997
the interstate system and that had such a speed limit established	3998
prior to October 1, 1995, unless a higher speed limit is	3999
established under division (L) of this section;	4000

(12) Sixty-five miles per hour for operators of any motor	4001
vehicle weighing eight thousand pounds or less empty weight and	4002
any commercial bus at all times on all portions of the following:	4003

(a) Freeways that are part of the interstate system and that	4004
had such a speed limit established prior to October 1, 1995, and	4005
freeways that are not part of the interstate system, but are built	4006
to the standards and specifications that are applicable to	4007
freeways that are part of the interstate system and that had such	4008
a speed limit established prior to October 1, 1995;	4009

(b) Freeways that are part of the interstate system and	4010
freeways that are not part of the interstate system but are built	4011
to the standards and specifications that are applicable to	4012
freeways that are part of the interstate system, and that had such	4013
a speed limit established under division (L) of this section;	4014

(c) Rural, divided, multi-lane highways that are designated	4015
as part of the national highway system under the "National Highway	4016
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,	4017
and that had such a speed limit established under division (M) of	4018
this section.	4019

(C) It is prima-facie unlawful for any person to exceed any	4020
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),	4021
(6), and (7) of this section, or any declared pursuant to this	4022
section by the director or local authorities and it is unlawful	4023
for any person to exceed any of the speed limitations in division	4024
(D) of this section. No person shall be convicted of more than one	4025
violation of this section for the same conduct, although	4026
violations of more than one provision of this section may be	4027
charged in the alternative in a single affidavit.	4028

(D) No person shall operate a motor vehicle, trackless	4029
trolley, or streetcar upon a street or highway as follows:	4030

(1) At a speed exceeding fifty-five miles per hour, except	4031
upon a freeway as provided in division (B)(12) of this section;	4032

(2) At a speed exceeding sixty-five miles per hour upon a	4033
freeway as provided in division (B)(12) of this section except as	4034
otherwise provided in division (D)(3) of this section;	4035

(3) If a motor vehicle weighing in excess of eight thousand	4036
pounds empty weight or a noncommercial bus as prescribed in	4037
division (B)(10) of this section, at a speed exceeding fifty-five	4038
miles per hour upon a freeway as provided in that division;	4039

(4) At a speed exceeding the posted speed limit upon a	4040
freeway for which the director has determined and declared a speed	4041
limit of not more than sixty-five miles per hour pursuant to	4042
division (L)(2) or (M) of this section;	4043

(5) At a speed exceeding sixty-five miles per hour upon a	4044
freeway for which such a speed limit has been established through	4045
the operation of division (L)(3) of this section;	4046

(6) At a speed exceeding the posted speed limit upon a	4047
freeway for which the director has determined and declared a speed	4048
limit pursuant to division (I)(2) of this section.	4049

(E) In every charge of violation of this section the	4050
affidavit and warrant shall specify the time, place, and speed at	4051
which the defendant is alleged to have driven, and in charges made	4052
in reliance upon division (C) of this section also the speed which	4053
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit	4054
declared pursuant to, this section declares is prima-facie lawful	4055
at the time and place of such alleged violation, except that in	4056
affidavits where a person is alleged to have driven at a greater	4057
speed than will permit the person to bring the vehicle to a stop	4058
within the assured clear distance ahead the affidavit and warrant	4059
need not specify the speed at which the defendant is alleged to	4060
have driven.	4061

(F) When a speed in excess of both a prima-facie limitation	4062
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of	4063
this section is alleged, the defendant shall be charged in a	4064
single affidavit, alleging a single act, with a violation	4065
indicated of both division (B)(1)(a), (2), (3), (4), (6), or (7)	4066
of this section, or of a limit declared pursuant to this section	4067
by the director or local authorities, and of the limitation in	4068
division (D)(1), (2), (3), (4), (5), or (6) of this section. If	4069
the court finds a violation of division (B)(1)(a), (2), (3), (4),	4070
(6), or (7) of, or a limit declared pursuant to, this section has	4071
occurred, it shall enter a judgment of conviction under such	4072
division and dismiss the charge under division (D)(1), (2), (3),	4073
(4), (5), or (6) of this section. If it finds no violation of	4074
division (B)(1)(a), (2), (3), (4), (6), or (7) of, or a limit	4075
declared pursuant to, this section, it shall then consider whether	4076
the evidence supports a conviction under division (D)(1), (2),	4077
(3), (4), (5), or (6) of this section.	4078

(G) Points shall be assessed for violation of a limitation	4079
under division (D) of this section in accordance with section	4080
4510.036 of the Revised Code.	4081

(H) Whenever the director determines upon the basis of a	4082
geometric and traffic characteristic study that any speed limit	4083
set forth in divisions (B)(1)(a) to (D) of this section is greater	4084
or less than is reasonable or safe under the conditions found to	4085
exist at any portion of a street or highway under the jurisdiction	4086
of the director, the director shall determine and declare a	4087
reasonable and safe prima-facie speed limit, which shall be	4088
effective when appropriate signs giving notice of it are erected	4089
at the location.	4090

(I)(1) Except as provided in divisions (I)(2) and (K) of this	4091
section, whenever local authorities determine upon the basis of an	4092
engineering and traffic investigation that the speed permitted by	4093
divisions (B)(1)(a) to (D) of this section, on any part of a	4094
highway under their jurisdiction, is greater than is reasonable	4095
and safe under the conditions found to exist at such location, the	4096
local authorities may by resolution request the director to	4097
determine and declare a reasonable and safe prima-facie speed	4098
limit. Upon receipt of such request the director may determine and	4099
declare a reasonable and safe prima-facie speed limit at such	4100
location, and if the director does so, then such declared speed	4101
limit shall become effective only when appropriate signs giving	4102
notice thereof are erected at such location by the local	4103
authorities. The director may withdraw the declaration of a	4104
prima-facie speed limit whenever in the director's opinion the	4105
altered prima-facie speed becomes unreasonable. Upon such	4106
withdrawal, the declared prima-facie speed shall become	4107
ineffective and the signs relating thereto shall be immediately	4108
removed by the local authorities.	4109

(2) A local authority may determine on the basis of a	4110
geometric and traffic characteristic study that the speed limit of	4111
sixty-five miles per hour on a portion of a freeway under its	4112
jurisdiction that was established through the operation of	4113
division (L)(3) of this section is greater than is reasonable or	4114
safe under the conditions found to exist at that portion of the	4115
freeway. If the local authority makes such a determination, the	4116
local authority by resolution may request the director to	4117
determine and declare a reasonable and safe speed limit of not	4118
less than fifty-five miles per hour for that portion of the	4119
freeway. If the director takes such action, the declared speed	4120
limit becomes effective only when appropriate signs giving notice	4121
of it are erected at such location by the local authority.	4122

(J) Local authorities in their respective jurisdictions may	4123
authorize by ordinance higher prima-facie speeds than those stated	4124
in this section upon through highways, or upon highways or	4125
portions thereof where there are no intersections, or between	4126
widely spaced intersections, provided signs are erected giving	4127
notice of the authorized speed, but local authorities shall not	4128
modify or alter the basic rule set forth in division (A) of this	4129
section or in any event authorize by ordinance a speed in excess	4130
of fifty miles per hour.	4131

Alteration of prima-facie limits on state routes by local	4132
authorities shall not be effective until the alteration has been	4133
approved by the director. The director may withdraw approval of	4134
any altered prima-facie speed limits whenever in the director's	4135
opinion any altered prima-facie speed becomes unreasonable, and	4136
upon such withdrawal, the altered prima-facie speed shall become	4137
ineffective and the signs relating thereto shall be immediately	4138
removed by the local authorities.	4139

(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this	4140
section, "unimproved highway" means a highway consisting of any of	4141
the following:	4142

(a) Unimproved earth;

4143

(b) Unimproved graded and drained earth;

4144

(c) Gravel.

4145

(2) Except as otherwise provided in divisions (K)(4) and (5)	4146
of this section, whenever a board of township trustees determines	4147
upon the basis of an engineering and traffic investigation that	4148
the speed permitted by division (B)(5) of this section on any part	4149
of an unimproved highway under its jurisdiction and in the	4150
unincorporated territory of the township is greater than is	4151
reasonable or safe under the conditions found to exist at the	4152
location, the board may by resolution declare a reasonable and	4153
safe prima-facie speed limit of fifty-five but not less than	4154
twenty-five miles per hour. An altered speed limit adopted by a	4155
board of township trustees under this division becomes effective	4156
when appropriate traffic control devices, as prescribed in section	4157
4511.11 of the Revised Code, giving notice thereof are erected at	4158
the location, which shall be no sooner than sixty days after	4159
adoption of the resolution.	4160

(3)(a) Whenever, in the opinion of a board of township	4161
trustees, any altered prima-facie speed limit established by the	4162
board under this division becomes unreasonable, the board may	4163
adopt a resolution withdrawing the altered prima-facie speed	4164
limit. Upon the adoption of such a resolution, the altered	4165
prima-facie speed limit becomes ineffective and the traffic	4166
control devices relating thereto shall be immediately removed.	4167

(b) Whenever a highway ceases to be an unimproved highway and	4168
the board has adopted an altered prima-facie speed limit pursuant	4169
to division (K)(2) of this section, the board shall, by	4170
resolution, withdraw the altered prima-facie speed limit as soon	4171
as the highway ceases to be unimproved. Upon the adoption of such	4172
a resolution, the altered prima-facie speed limit becomes	4173
ineffective and the traffic control devices relating thereto shall	4174
be immediately removed.	4175

(4)(a) If the boundary of two townships rests on the	4176
centerline of an unimproved highway in unincorporated territory	4177
and both townships have jurisdiction over the highway, neither of	4178
the boards of township trustees of such townships may declare an	4179
altered prima-facie speed limit pursuant to division (K)(2) of	4180
this section on the part of the highway under their joint	4181
jurisdiction unless the boards of township trustees of both of the	4182
townships determine, upon the basis of an engineering and traffic	4183
investigation, that the speed permitted by division (B)(5) of this	4184
section is greater than is reasonable or safe under the conditions	4185
found to exist at the location and both boards agree upon a	4186
reasonable and safe prima-facie speed limit of less than	4187
fifty-five but not less than twenty-five miles per hour for that	4188
location. If both boards so agree, each shall follow the procedure	4189
specified in division (K)(2) of this section for altering the	4190
prima-facie speed limit on the highway. Except as otherwise	4191
provided in division (K)(4)(b) of this section, no speed limit	4192
altered pursuant to division (K)(4)(a) of this section may be	4193
withdrawn unless the boards of township trustees of both townships	4194
determine that the altered prima-facie speed limit previously	4195
adopted becomes unreasonable and each board adopts a resolution	4196
withdrawing the altered prima-facie speed limit pursuant to the	4197
procedure specified in division (K)(3)(a) of this section.	4198

(b) Whenever a highway described in division (K)(4)(a) of	4199
this section ceases to be an unimproved highway and two boards of	4200
township trustees have adopted an altered prima-facie speed limit	4201
pursuant to division (K)(4)(a) of this section, both boards shall,	4202
by resolution, withdraw the altered prima-facie speed limit as	4203
soon as the highway ceases to be unimproved. Upon the adoption of	4204
the resolution, the altered prima-facie speed limit becomes	4205
ineffective and the traffic control devices relating thereto shall	4206
be immediately removed.	4207

(5) As used in division (K)(5) of this section:

4208

(a) "Commercial subdivision" means any platted territory	4209
outside the limits of a municipal corporation and fronting a	4210
highway where, for a distance of three hundred feet or more, the	4211
frontage is improved with buildings in use for commercial	4212
purposes, or where the entire length of the highway is less than	4213
three hundred feet long and the frontage is improved with	4214
buildings in use for commercial purposes.	4215

(b) "Residential subdivision" means any platted territory	4216
outside the limits of a municipal corporation and fronting a	4217
highway, where, for a distance of three hundred feet or more, the	4218
frontage is improved with residences or residences and buildings	4219
in use for business, or where the entire length of the highway is	4220
less than three hundred feet long and the frontage is improved	4221
with residences or residences and buildings in use for business.	4222

Whenever a board of township trustees finds upon the basis of	4223
an engineering and traffic investigation that the prima-facie	4224
speed permitted by division (B)(5) of this section on any part of	4225
a highway under its jurisdiction that is located in a commercial	4226
or residential subdivision, except on highways or portions thereof	4227
at the entrances to which vehicular traffic from the majority of	4228
intersecting highways is required to yield the right-of-way to	4229
vehicles on such highways in obedience to stop or yield signs or	4230
traffic control signals, is greater than is reasonable and safe	4231
under the conditions found to exist at the location, the board may	4232
by resolution declare a reasonable and safe prima-facie speed	4233
limit of less than fifty-five but not less than twenty-five miles	4234
per hour at the location. An altered speed limit adopted by a	4235
board of township trustees under this division shall become	4236
effective when appropriate signs giving notice thereof are erected	4237
at the location by the township. Whenever, in the opinion of a	4238
board of township trustees, any altered prima-facie speed limit	4239
established by it under this division becomes unreasonable, it may	4240
adopt a resolution withdrawing the altered prima-facie speed, and	4241
upon such withdrawal, the altered prima-facie speed shall become	4242
ineffective, and the signs relating thereto shall be immediately	4243
removed by the township.	4244

(L)(1) Within one hundred twenty days of February 29, 1996,	4245
the director of transportation, based upon a geometric and traffic	4246
characteristic study of a freeway that is part of the interstate	4247
system or that is not part of the interstate system, but is built	4248
to the standards and specifications that are applicable to	4249
freeways that are part of the interstate system, in consultation	4250
with the director of public safety and, if applicable, the local	4251
authority having jurisdiction over a portion of such freeway, may	4252
determine and declare that the speed limit of less than sixty-five	4253
miles per hour established on such freeway or portion of freeway	4254
either is reasonable and safe or is less than that which is	4255
reasonable and safe.	4256

(2) If the established speed limit for such a freeway or	4257
portion of freeway is determined to be less than that which is	4258
reasonable and safe, the director of transportation, in	4259
consultation with the director of public safety and, if	4260
applicable, the local authority having jurisdiction over the	4261
portion of freeway, shall determine and declare a reasonable and	4262
safe speed limit of not more than sixty-five miles per hour for	4263
that freeway or portion of freeway.	4264

The director of transportation or local authority having	4265
jurisdiction over the freeway or portion of freeway shall erect	4266
appropriate signs giving notice of the speed limit at such	4267
location within one hundred fifty days of February 29, 1996. Such	4268
speed limit becomes effective only when such signs are erected at	4269
the location.	4270

(3) If, within one hundred twenty days of February 29, 1996,	4271
the director of transportation does not make a determination and	4272
declaration of a reasonable and safe speed limit for a freeway or	4273
portion of freeway that is part of the interstate system or that	4274
is not part of the interstate system, but is built to the	4275
standards and specifications that are applicable to freeways that	4276
are part of the interstate system and that has a speed limit of	4277
less than sixty-five miles per hour, the speed limit on that	4278
freeway or portion of a freeway shall be sixty-five miles per	4279
hour. The director of transportation or local authority having	4280
jurisdiction over the freeway or portion of the freeway shall	4281
erect appropriate signs giving notice of the speed limit of	4282
sixty-five miles per hour at such location within one hundred	4283
fifty days of February 29, 1996. Such speed limit becomes	4284
effective only when such signs are erected at the location. A	4285
speed limit established through the operation of division (L)(3)	4286
of this section is subject to reduction under division (I)(2) of	4287
this section.	4288

(M) Within three hundred sixty days after February 29, 1996,	4289
the director of transportation, based upon a geometric and traffic	4290
characteristic study of a rural, divided, multi-lane highway that	4291
has been designated as part of the national highway system under	4292
the "National Highway System Designation Act of 1995," 109 Stat.	4293
568, 23 U.S.C.A. 103, in consultation with the director of public	4294
safety and, if applicable, the local authority having jurisdiction	4295
over a portion of the highway, may determine and declare that the	4296
speed limit of less than sixty-five miles per hour established on	4297
the highway or portion of highway either is reasonable and safe or	4298
is less than that which is reasonable and safe.	4299

If the established speed limit for the highway or portion of	4300
highway is determined to be less than that which is reasonable and	4301
safe, the director of transportation, in consultation with the	4302
director of public safety and, if applicable, the local authority	4303
having jurisdiction over the portion of highway, shall determine	4304
and declare a reasonable and safe speed limit of not more than	4305
sixty-five miles per hour for that highway or portion of highway.	4306
The director of transportation or local authority having	4307
jurisdiction over the highway or portion of highway shall erect	4308
appropriate signs giving notice of the speed limit at such	4309
location within three hundred ninety days after February 29, 1996.	4310
The speed limit becomes effective only when such signs are erected	4311
at the location.	4312

(N) (1)(a) If the boundary of two local authorities rests on	4313
the centerline of a highway and both authorities have jurisdiction	4314
over the highway, the speed limit for the part of the highway	4315
within their joint jurisdiction shall be either one of the	4316
following as agreed to by both authorities:	4317

(i) Either prima-facie speed limit permitted by division (B)	4318
of this section;	4319

(ii) An altered speed limit determined and posted in	4320
accordance with this section.	4321

(b) If the local authorities are unable to reach an	4322
agreement, the speed limit shall remain as established and posted	4323
under this section.	4324

(2) Neither local authority may declare an altered	4325
prima-facie speed limit pursuant to this section on the part of	4326
the highway under their joint jurisdiction unless both of the	4327
local authorities determine, upon the basis of an engineering and	4328
traffic investigation, that the speed permitted by this section is	4329
greater than is reasonable or safe under the conditions found to	4330
exist at the location and both authorities agree upon a uniform	4331
reasonable and safe prima-facie speed limit of less than	4332
fifty-five but not less than twenty-five miles per hour for that	4333
location. If both authorities so agree, each shall follow the	4334
procedure specified in this section for altering the prima-facie	4335
speed limit on the highway, and the speed limit for the part of	4336
the highway within their joint jurisdiction shall be uniformly	4337
altered. No altered speed limit may be withdrawn unless both local	4338
authorities determine that the altered prima-facie speed limit	4339
previously adopted becomes unreasonable and each adopts a	4340
resolution withdrawing the altered prima-facie speed limit	4341
pursuant to the procedure specified in this section.	4342

(O) As used in this section:

4343

(1) "Interstate system" has the same meaning as in 23	4344
U.S.C.A. 101.	4345

(2) "Commercial bus" means a motor vehicle designed for	4346
carrying more than nine passengers and used for the transportation	4347
of persons for compensation.	4348

(3) "Noncommercial bus" includes but is not limited to a	4349
school bus or a motor vehicle operated solely for the	4350
transportation of persons associated with a charitable or	4351
nonprofit organization.	4352

(O)(P)(1) A violation of any provision of this section is one	4353
of the following:	4354

(a) Except as otherwise provided in divisions (O)(P)(1)(b),	4355
(1)(c), (2), and (3) of this section, a minor misdemeanor;	4356

(b) If, within one year of the offense, the offender	4357
previously has been convicted of or pleaded guilty to two	4358
violations of any provision of this section or of any provision of	4359
a municipal ordinance that is substantially similar to any	4360
provision of this section, a misdemeanor of the fourth degree;	4361

(c) If, within one year of the offense, the offender	4362
previously has been convicted of or pleaded guilty to three or	4363
more violations of any provision of this section or of any	4364
provision of a municipal ordinance that is substantially similar	4365
to any provision of this section, a misdemeanor of the third	4366
degree.	4367

(2) If the offender has not previously been convicted of or	4368
pleaded guilty to a violation of any provision of this section or	4369
of any provision of a municipal ordinance that is substantially	4370
similar to this section and operated a motor vehicle faster than	4371
thirty-five miles an hour in a business district of a municipal	4372
corporation, faster than fifty miles an hour in other portions of	4373
a municipal corporation, or faster than thirty-five miles an hour	4374
in a school zone during recess or while children are going to or	4375
leaving school during the school's opening or closing hours, a	4376
misdemeanor of the fourth degree.	4377

(3) Notwithstanding division (O)(P)(1) of this section, if	4378
the offender operated a motor vehicle in a construction zone where	4379
a sign was then posted in accordance with section 4511.98 of the	4380
Revised Code, the court, in addition to all other penalties	4381
provided by law, shall impose upon the offender a fine of two	4382
times the usual amount imposed for the violation. No court shall	4383
impose a fine of two times the usual amount imposed for the	4384
violation upon an offender if the offender alleges, in an	4385
affidavit filed with the court prior to the offender's sentencing,	4386
that the offender is indigent and is unable to pay the fine	4387
imposed pursuant to this division and if the court determines that	4388
the offender is an indigent person and unable to pay the fine.	4389

Sec. 4513.34.  (A) The director of transportation with	4390
respect to all highways that are a part of the state highway	4391
system and local authorities with respect to highways under their	4392
jurisdiction, upon application in writing and for good cause	4393
shown, may issue a special permit in writing authorizing the	4394
applicant to operate or move a vehicle or combination of vehicles	4395
of a size or weight of vehicle or load exceeding the maximum	4396
specified in sections 5577.01 to 5577.09 of the Revised Code, or	4397
otherwise not in conformity with sections 4513.01 to 4513.37 of	4398
the Revised Code, upon any highway under the jurisdiction of the	4399
authority granting the permit.	4400

For purposes of this section, the director may designate	4401
certain state highways or portions of state highways as special	4402
economic development highways. If an application submitted to the	4403
director under this section involves travel of a nonconforming	4404
vehicle or combination of vehicles upon a special economic	4405
development highway, the director, in determining whether good	4406
cause has been shown that issuance of a permit is justified, shall	4407
consider the effect the travel of the vehicle or combination of	4408
vehicles will have on the economic development in the area in	4409
which the designated highway or portion of highway is located.	4410

(B) Notwithstanding sections 715.22 and 723.01 of the Revised	4411
Code, the holder of a special permit issued by the director under	4412
this section may move the vehicle or combination of vehicles	4413
described in the special permit on any highway that is a part of	4414
the state highway system when the movement is partly within and	4415
partly without the corporate limits of a municipal corporation. No	4416
local authority shall require any other permit or license or	4417
charge any license fee or other charge against the holder of a	4418
permit for the movement of a vehicle or combination of vehicles on	4419
any highway that is a part of the state highway system. The	4420
director shall not require the holder of a permit issued by a	4421
local authority to obtain a special permit for the movement of	4422
vehicles or combination of vehicles on highways within the	4423
jurisdiction of the local authority. Permits may be issued for any	4424
period of time not to exceed one year, as the director in the	4425
director's discretion or a local authority in its discretion	4426
determines advisable, or for the duration of any public	4427
construction project.	4428

(C) The application for a permit shall be in the form that	4429
the director or local authority prescribes. The director or local	4430
authority may prescribe a permit fee to be imposed and collected	4431
when any permit described in this section is issued. The permit	4432
fee may be in an amount sufficient to reimburse the director or	4433
local authority for the administrative costs incurred in issuing	4434
the permit, and also to cover the cost of the normal and expected	4435
damage caused to the roadway or a street or highway structure as	4436
the result of the operation of the nonconforming vehicle or	4437
combination of vehicles. The director, in accordance with Chapter	4438
119. of the Revised Code, shall establish a schedule of fees for	4439
permits issued by the director under this section.	4440

For the purposes of this section and of rules adopted by the	4441
director under this section, milk transported in bulk by vehicle	4442
is deemed a nondivisible load.	4443

(D) The director or local authority may issue or withhold a	4444
permit. If a permit is to be issued, the director or local	4445
authority may limit or prescribe conditions of operation for the	4446
vehicle and may require the posting of a bond or other security	4447
conditioned upon the sufficiency of the permit fee to compensate	4448
for damage caused to the roadway or a street or highway structure.	4449
In addition, a local authority, as a condition of issuance of an	4450
overweight permit, may require the applicant to develop and enter	4451
into a mutual agreement with the local authority to compensate for	4452
or to repair excess damage caused to the roadway by travel under	4453
the permit.	4454

For a permit that will allow travel of a nonconforming	4455
vehicle or combination of vehicles on a special economic	4456
development highway, the director, as a condition of issuance, may	4457
require the applicant to agree to make periodic payments to the	4458
department to compensate for damage caused to the roadway by	4459
travel under the permit.	4460

(E) Every permit shall be carried in the vehicle or	4461
combination of vehicles to which it refers and shall be open to	4462
inspection by any police officer or authorized agent of any	4463
authority granting the permit. No person shall violate any of the	4464
terms of a permit.	4465

(F) The director may debar an applicant from applying for a	4466
special permit under this section upon a finding based on a	4467
reasonable belief that the applicant has done any of the	4468
following:	4469

(1) Abused the process by repeatedly submitting false	4470
information or false travel plans or by using another company or	4471
individual's name, insurance, or escrow account without proper	4472
authorization;	4473

(2) Failed to comply with or substantially perform under a	4474
previously issued special permit according to its terms,	4475
conditions, and specifications within specified time limits;	4476

(3) Failed to cooperate in the application process for the	4477
special permit or in any other procedures that are related to the	4478
issuance of the special permit by refusing to provide information	4479
or documents required in a permit or by failing to respond to and	4480
correct matters related to the special permit;	4481

(4) Accumulated repeated justified complaints regarding	4482
performance under a special permit that was previously issued to	4483
the applicant or previously failed to obtain a special permit when	4484
such a permit was required;	4485

(5) Attempted to influence a public employee to breach	4486
ethical conduct standards;	4487

(6) Been convicted of a criminal offense related to the	4488
application for, or performance under, a special permit,	4489
including, but not limited to, bribery, falsification, fraud or	4490
destruction of records, receiving stolen property, and any other	4491
offense that directly reflects on the applicant's integrity or	4492
commercial driver's license;	4493

(7) Accumulated repeated convictions under a state or federal	4494
safety law governing commercial motor vehicles or a rule or	4495
regulation adopted under such a law;	4496

(8) Accumulated repeated convictions under a law, rule, or	4497
regulation governing the movement of traffic over the public	4498
streets and highways;	4499

(9) Failed to pay any fees associated with any permitted	4500
operation or move;	4501

(10) Deliberately or willfully submitted false or misleading	4502
information in connection with the application for, or performance	4503
under, a special permit issued under this section.	4504

If the applicant is a partnership, association, or	4505
corporation, the director also may debar from consideration for	4506
special permits any partner of the partnership, or the officers,	4507
directors, or employees of the association or corporation being	4508
debarred.	4509

The director may adopt rules in accordance with Chapter 119.	4510
of the Revised Code governing the debarment of an applicant.	4511

(G) When the director reasonably believes that grounds for	4512
debarment exist, the director shall send the person that is	4513
subject to debarment a notice of the proposed debarment. A notice	4514
of proposed debarment shall indicate the grounds for the debarment	4515
of the person and the procedure for requesting a hearing. The	4516
notice and hearing shall be in accordance with Chapter 119. of the	4517
Revised Code. If the person does not respond with a request for a	4518
hearing in the manner specified in that chapter, the director	4519
shall issue the debarment decision without a hearing and shall	4520
notify the person of the decision by certified mail, return	4521
receipt requested. The debarment period may be of any length	4522
determined by the director, and the director may modify or rescind	4523
the debarment at any time. During the period of debarment, the	4524
director shall not issue, or consider issuing, a special permit to	4525
any partnership, association, or corporation that is affiliated	4526
with a debarred person. After the debarment period expires, the	4527
person, and any partnership, association, or corporation	4528
affiliated with the person, may reapply for a special permit.	4529

(H) Whoever violates this section shall be punished as	4530
provided in section 4513.99 of the Revised Code.	4531

Sec. 4519.58.  (A) When the clerk of a court of common pleas	4532
issues a physical certificate of title, the clerk shall issue the	4533
certificate of title on a form and in a manner prescribed by the	4534
registrar of motor vehicles. The clerk shall file a copy of the	4535
physical evidence for the creation of the certificate of title in	4536
a manner prescribed by the registrar. A clerk may retain digital	4537
images of documents used as evidence for issuance of a certificate	4538
of title. Certified printouts of documents retained as digital	4539
images shall have the same evidentiary value as the original	4540
physical documents. The record of the issuance of the certificate	4541
of title shall be maintained in the automated title processing	4542
system. The clerk shall sign and affix the clerk's seal to the	4543
original certificate of title and, if there are no liens on the	4544
off-highway motorcycle or all-purpose vehicle, shall deliver the	4545
certificate to the applicant or the selling dealer. Except as	4546
otherwise provided in this section, if there are one or more liens	4547
on the off-highway motorcycle or all-purpose vehicle, the	4548
certificate of title shall be delivered to the holder of the first	4549
lien. If the certificate of title is obtained by a dealer on	4550
behalf of the applicant and there are one or more liens on the	4551
off-highway motorcycle or all-purpose vehicle, the clerk shall	4552
issue a certificate of title and may issue a memorandum	4553
certificate of title. The certificate of title and memorandum	4554
certificate of title, if issued, shall be delivered to the holder	4555
of the first lien or the selling dealer, who shall deliver the	4556
certificate of title to the holder of the first lien and the	4557
memorandum certificate of title to the applicant. The selling	4558
dealer also may make arrangements with the clerk to have the clerk	4559
deliver the memorandum certificate of title to the applicant.	4560

(B) The registrar shall prescribe a uniform method of	4561
numbering certificates of title. The numbering shall be in such	4562
manner that the county of issuance is indicated. Numbers shall be	4563
assigned to certificates of title in the manner prescribed by the	4564
registrar. The clerk shall file all certificates of title	4565
according to the rules to be prescribed by the registrar, and the	4566
clerk shall maintain in the clerk's office indexes for the	4567
certificates of title.	4568

The clerk need not retain on file any current certificates of	4569
title, current duplicate certificates of title, current memorandum	4570
certificates of title, or current salvage certificates of title,	4571
or supporting evidence of them, covering any off-highway	4572
motorcycle or all-purpose vehicle for a period longer than seven	4573
years after the date of their filing; thereafter, the documents	4574
and supporting evidence may be destroyed. The clerk need not	4575
retain on file any inactive records, including certificates of	4576
title, duplicate certificates of title, or memorandum certificates	4577
of title, or supporting evidence of them, including the electronic	4578
record described in section 4519.55 of the Revised Code, covering	4579
any off-highway motorcycle or all-purpose vehicle for a period	4580
longer than five years after the date of their filing; thereafter,	4581
the documents and supporting evidence may be destroyed.	4582

The automated title processing system shall contain all	4583
active records and an index of the active records, and shall	4584
contain a record and index of all inactive titles for ten years,	4585
and a record and index of all inactive titles for manufactured and	4586
mobile homes for thirty years. If the clerk provides a written	4587
copy of any information contained in the database, the copy shall	4588
be considered the original for purposes of the clerk certifying	4589
the record of such information for use in any legal proceedings.	4590

(C) TheExcept as provided in this division, the clerk shall	4591
issue a physical certificate of title to an applicant unless the	4592
applicant specifically requests the clerk not to issue a physical	4593
certificate of title and instead to issue an electronic	4594
certificate of title. In the case of a title application that is	4595
submitted electronically to the clerk, the clerk shall issue an	4596
electronic certificate of title unless the applicant requests the	4597
issuance of a physical certificate of title. The fact that a	4598
physical certificate of title is not issued for an off-highway	4599
motorcycle or all-purpose vehicle does not affect ownership of the	4600
motorcycle or vehicle. In that case, when the clerk completes the	4601
process of entering certificate of title application information	4602
into the automated title processing system, the effect of the	4603
completion of the process is the same as if the clerk actually	4604
issued a physical certificate of title for the motorcycle or	4605
vehicle.	4606

(D) An electronic dealer who applies for a certificate of	4607
title on behalf of a customer who purchases an off-highway	4608
motorcycle or all-purpose vehicle from the dealer may print a	4609
non-negotiable evidence of ownership for the customer if the	4610
customer so requests. The authorization to print the	4611
non-negotiable evidence of ownership shall come from the clerk	4612
with whom the dealer makes application for the certificate of	4613
title for the customer, but the printing by the dealer does not	4614
create an agency relationship of any kind between the dealer and	4615
the clerk.	4616

(E) The owner of the off-highway motorcycle or all-purpose	4617
vehicle may apply at any time to a clerk of a court of common	4618
pleas for a non-negotiable evidence of ownership for the	4619
off-highway motorcycle or all-purpose vehicle.	4620

Sec. 4749.02.  The director of public safety shall administer	4621
this chapter, and for that purpose, may appoint employees and	4622
adopt rules that the director considers necessary.	4623

The director shall implement electronic licensing and	4624
registration procedures under this chapter not later than December	4625
31, 2006. The application procedures in effect on the effective	4626
date of this amendment shall continue until such time as	4627
electronic licensing and registration procedures are implemented.	4628

Sec. 4749.03.  (A)(1) Any individual, including a partner in	4629
a partnership, may be licensed as a private investigator under a	4630
class B license, or as a security guard provider under a class C	4631
license, or as a private investigator and a security guard	4632
provider under a class A license, if the individual meets all of	4633
the following requirements:	4634

(a) Has a good reputation for integrity, has not been	4635
convicted of a felony within the last twenty years or any offense	4636
involving moral turpitude, and has not been adjudicated	4637
incompetent for the purpose of holding the license, as provided in	4638
section 5122.301 of the Revised Code, without having been restored	4639
to legal capacity for that purpose.	4640

(b) Depending upon the class of license for which application	4641
is made, for a continuous period of at least two years immediately	4642
preceding application for a license, has been engaged in	4643
investigatory or security services work for a law enforcement or	4644
other public agency engaged in investigatory activities, or for a	4645
private investigator or security guard provider, or engaged in the	4646
practice of law, or has acquired equivalent experience as	4647
determined by rule of the director of public safety.	4648

(c) Demonstrates competency as a private investigator or	4649
security guard provider by passing an examination devised for this	4650
purpose by the director, except that any individually licensed	4651
person who qualifies a corporation for licensure shall not be	4652
required to be reexamined if the person qualifies the corporation	4653
in the same capacity that the person was individually licensed.	4654

(d) Submits evidence of comprehensive general liability	4655
insurance coverage, or other equivalent guarantee approved by the	4656
director in such form and in principal amounts satisfactory to the	4657
director, but not less than one hundred thousand dollars for each	4658
person and three hundred thousand dollars for each occurrence for	4659
bodily injury liability, and one hundred thousand dollars for	4660
property damage liability.	4661

(e) Pays the requisite examination and license fees.

4662

(2) A corporation may be licensed as a private investigator	4663
under a class B license, or as a security guard provider under a	4664
class C license, or as a private investigator and a security guard	4665
provider under a class A license, if an application for licensure	4666
is filed by an officer of the corporation and the officer, another	4667
officer, or the qualifying agent of the corporation satisfies the	4668
requirements of divisions (A)(1) and (F)(1) of this section.	4669
Officers and the statutory agent of a corporation shall be	4670
determined in accordance with Chapter 1701. of the Revised Code.	4671

(3) At least one partner in a partnership shall be licensed	4672
as a private investigator, or as a security guard provider, or as	4673
a private investigator and a security guard provider. Partners in	4674
a partnership shall be determined as provided for in Chapter 1775.	4675
of the Revised Code.	4676

(B) ApplicationAn application for a class A, B, or C license	4677
shall be in writing, under oath, tocompleted in the form the	4678
director prescribes. In the case of an individual, the application	4679
shall state the applicant's name, birth date, citizenship,	4680
physical description, current residence, residences for the	4681
preceding ten years, current employment, employment for the	4682
preceding seven years, experience qualifications, the location of	4683
each of the applicant's offices in this state, and any other	4684
information that is necessary in order for the director to comply	4685
with the requirements of this chapter. In the case of a	4686
corporation, the application shall state the name of the officer	4687
or qualifying agent filing the application; the state in which the	4688
corporation is incorporated and the date of incorporation; the	4689
states in which the corporation is authorized to transact	4690
business; the name of its qualifying agent; the name of the	4691
officer or qualifying agent of the corporation who satisfies the	4692
requirements of divisions (A)(1) and (F)(1) of this section and	4693
the birth date, citizenship, physical description, current	4694
residence, residences for the preceding ten years, current	4695
employment, employment for the preceding seven years, and	4696
experience qualifications of that officer or qualifying agent; and	4697
other information that the director requires. A corporation may	4698
specify in its application information relative to one or more	4699
individuals who satisfy the requirements of divisions (A)(1) and	4700
(F)(1) of this section.	4701

The application described in this division shall be	4702
accompanied by all of the following:	4703

(1) One recent full-face photograph of the applicant or, in	4704
the case of a corporation, of each officer or qualifying agent	4705
specified in the application as satisfying the requirements of	4706
divisions (A)(1) and (F)(1) of this section;	4707

(2) One complete set of the applicant's fingerprints or, in	4708
the case of a corporation, of the fingerprints of each officer or	4709
qualifying agent specified in the application as satisfying the	4710
requirements of divisions (A)(1) and (F)(1) of this section;	4711

(3) Character references from at least five reputable	4712
citizens for the applicant or, in the case of a corporation, for	4713
each officer or qualifying agent specified in the application as	4714
satisfying the requirements of divisions (A)(1) and (F)(1) of this	4715
section, each of whom has known the applicant, officer, or	4716
qualifying agent for at least five years preceding the	4717
application, and none of whom are connected with the applicant,	4718
officer, or qualifying agent by blood or marriage;	4719

(4)(3) An examination fee of twenty-five dollars for the	4720
applicant or, in the case of a corporation, for each officer or	4721
qualifying agent specified in the application as satisfying the	4722
requirements of divisions (A)(1) and (F)(1) of this section, and a	4723
license fee of two hundred fiftyin the amount the director	4724
determines, not to exceed three hundred seventy-five dollars. The	4725
license fee shall be refunded if a license is not issued.	4726

(C) Upon receipt of the application and accompanying matter	4727
described in division (B) of this section, the director shall	4728
forward to the bureau of criminal identification and investigation	4729
a request that it make an investigation of the applicant or, in	4730
the case of a corporation, each officer or qualifying agent	4731
specified in the application as satisfying the requirements of	4732
divisions (A)(1) and (F)(1) of this section, to determine whether	4733
the applicant, officer, or qualifying agent meets the requirements	4734
of division (A)(1)(a) of this section.(1) Each individual	4735
applying for a license and each individual specified by a	4736
corporation as an officer or qualifying agent in an application	4737
shall submit one complete set of fingerprints directly to the	4738
superintendent of the bureau of criminal identification and	4739
investigation for the purpose of conducting a criminal records	4740
check. The individual shall provide the fingerprints using a	4741
method the superintendent prescribes pursuant to division (C)(2)	4742
of section 109.572 of the Revised Code and fill out the form the	4743
superintendent prescribes pursuant to division (C)(1) of section	4744
109.572 of the Revised Code. An applicant who intends to carry a	4745
firearm as defined in section 2923.11 of the Revised Code in the	4746
course of business or employment shall so notify the	4747
superintendent. This notification is in addition to any other	4748
requirement related to carrying a firearm that applies to the	4749
applicant. The individual or corporation requesting the criminal	4750
records check shall pay the fee the superintendent prescribes.	4751

(2) The superintendent shall conduct the criminal records	4752
check as set forth in division (B) of section 109.572 of the	4753
Revised Code. If an applicant intends to carry a firearm in the	4754
course of business or employment, the superintendent shall make a	4755
request to the federal bureau of investigation for any information	4756
and review the information the bureau provides pursuant to	4757
division (B)(2) of section 109.572 of the Revised Code. The	4758
superintendent shall submit all results of the completed	4759
investigation to the director of public safety.	4760

(3) If the director determines that the applicant, officer,	4761
or qualifying agent meets the requirements of divisions (A)(1)(a),	4762
(b), and (d) of this section and that an officer or qualifying	4763
agent meets the requirement of division (F)(1) of this section,	4764
the director shall notify the applicant, officer, or agent of the	4765
time and place for the examination. If the director determines	4766
that an applicant does not meet the requirements of divisions	4767
(A)(1)(a), (b), and (d) of this section, the director shall notify	4768
the applicant that the applicant's application is refused and	4769
refund the license fee. If the director determines that none of	4770
the individuals specified in the application of a corporation as	4771
satisfying the requirements of divisions (A)(1) and (F)(1) of this	4772
section meet the requirements of divisions (A)(1)(a), (b), and (d)	4773
and (F)(1) of this section, the director shall notify the	4774
corporation that its application is refused and refund the license	4775
fee. If the director requests an investigation of any applicant,	4776
officer, or qualifying agent and if the bureau assesses the	4777
director a fee for theany investigation, the director, in	4778
addition to any other fee assessed pursuant to this chapter, may	4779
assess the applicant, officer, or qualifying agent, as	4780
appropriate, a fee that is equal to the fee assessed by the	4781
bureau.	4782

(D) If upon application, investigation, and examination, the	4783
director finds that the applicant or, in the case of a	4784
corporation, any officer or qualifying agent specified in the	4785
application as satisfying the requirements of divisions (A)(1) and	4786
(F)(1) of this section, meets the applicable requirements, the	4787
director shall issue the applicant or the corporation a class A,	4788
B, or C license. The director also shall issue an identification	4789
card to an applicant, but not an officer or qualifying agent of a	4790
corporation, who meets the applicable requirements. The license	4791
and identification card shall state the licensee's name, the	4792
classification of the license, the location of the licensee's	4793
principal place of business in this state, and the expiration date	4794
of the license, and, in the case of a corporation, it also shall	4795
state the name of each officer or qualifying agent who satisfied	4796
the requirements of divisions (A)(1) and (F)(1) of this section.	4797

Licenses expire on the first day of March following the date	4798
of initial issue, and on the first day of March of each year	4799
thereafter. RenewalsAnnual renewals shall be according to the	4800
standard renewal procedures contained in Chapter 4745. of the	4801
Revised Code, upon payment of aan annual renewal fee of two	4802
hundred fiftythe director determines, not to exceed two hundred	4803
seventy-five dollars. No license shall be renewed if the licensee	4804
or, in the case of a corporation, each officer or qualifying agent	4805
who qualified the corporation for licensure no longer meets the	4806
applicable requirements of this section. No license shall be	4807
renewed unless the licensee provides evidence of workers'	4808
compensation risk coverage and unemployment compensation insurance	4809
coverage, other than for clerical employees and excepting sole	4810
proprietors who are exempted therefrom, as provided for in	4811
Chapters 4123. and 4141. of the Revised Code, respectively, as	4812
well as the licensee's state tax identification number. No	4813
reexamination shall be required for renewal of a current license.	4814

For purposes of this chapter, a class A, B, or C license	4815
issued to a corporation shall be considered as also having	4816
licensed the individuals who qualified the corporation for	4817
licensure, for as long as they are associated with the	4818
corporation.	4819

For purposes of this division, "sole proprietor" means an	4820
individual licensed under this chapter who does not employ any	4821
other individual.	4822

(E) The director may issue a duplicate copy of a license	4823
issued under this section for the purpose of replacement of a	4824
lost, spoliated, or destroyed license, upon payment of a fee fixed	4825
by the director determines, not exceeding twenty-five dollars. Any	4826
change in license classification requires new application and	4827
application fees.	4828

(F)(1) In order to qualify a corporation for a class A, B, or	4829
C license, an officer or qualifying agent may qualify another	4830
corporation for similar licensure, provided that the officer or	4831
qualifying agent is actively engaged in the business of both	4832
corporations.	4833

(2) Each officer or qualifying agent who qualifies a	4834
corporation for class A, B, or C licensure shall surrender any	4835
personal license of a similar nature that the officer or	4836
qualifying agent possesses.	4837

(3) Upon written notification to the director, completion of	4838
an application similar to that for original licensure, surrender	4839
of the corporation's current license, and payment of a twenty-five	4840
dollar fee, a corporation's class A, B, or C license may be	4841
transferred to another corporation.	4842

(4) Upon written notification to the director, completion of	4843
an application similar to that for an individual seeking class A,	4844
B, or C licensure, payment of a twenty-five dollar fee, and, if	4845
the individual was the only individual that qualified a	4846
corporation for licensure, surrender of the corporation's license,	4847
any officer or qualifying agent who qualified a corporation for	4848
licensure under this chapter may obtain a similar license in the	4849
individual's own name without reexamination. A request by an	4850
officer or qualifying agent for an individual license shall not	4851
affect a corporation's license unless the individual is the only	4852
individual that qualified the corporation for licensure or all the	4853
other individuals who qualified the corporation for licensure	4854
submit such requests.	4855

(G) If a corporation is for any reason no longer associated	4856
with an individual who qualified it for licensure under this	4857
chapter, an officer of the corporation shall notify the director	4858
of that fact by certified mail, return receipt requested, within	4859
ten days after the association terminates. If the notification is	4860
so given, the individual was the only individual that qualified	4861
the corporation for licensure, and the corporation submits the	4862
name of another officer or qualifying agent to qualify the	4863
corporation for the license within thirty days after the	4864
association terminates, the corporation may continue to operate in	4865
the business of private investigation, the business of security	4866
services, or both businesses in this state under that license for	4867
ninety days after the association terminates. If the officer or	4868
qualifying agent whose name is submitted satisfies the	4869
requirements of divisions (A)(1) and (F)(1) of this section, the	4870
director shall issue a new license to the corporation within that	4871
ninety-day period. The names of more than one individual may be	4872
submitted.	4873

Sec. 4749.06.  (A) Each class A, B, or C licensee shall	4874
register the licensee's investigator or security guard employees,	4875
with the department of public safety, which shall maintain a	4876
record of each licensee and registered employee and make it	4877
available, upon request, to any law enforcement agency. The class	4878
A, B, or C licensee shall file an application to register a new	4879
employee no sooner than three days nor later than seven calendar	4880
days after the date on which the employee is hired.	4881

(B)(1) Each employee's registration application shall be	4882
accompanied by one complete set of the employee's fingerprints,	4883
one recent photograph of the employee, the employee's physical	4884
description, and an eighteen-dollarthe registration fee the	4885
director determines, not to exceed forty dollars.	4886

(2) If the director of public safety requests the bureau of	4887
criminal identification and investigation to conduct an	4888
investigation of a licensee's employee and if the bureau assesses	4889
the director a fee for the investigation, the director, in	4890
addition to any other fee assessed pursuant to this chapter, may	4891
assess the licensee a fee that is equal to the fee assessed by the	4892
bureau.The employee shall submit one complete set of fingerprints	4893
directly to the superintendent of the bureau of criminal	4894
identification and investigation for the purpose of conducting a	4895
criminal records check. The employee shall provide the	4896
fingerprints using a method the superintendent prescribes pursuant	4897
to division (C)(2) of section 109.572 of the Revised Code and fill	4898
out the form the superintendent prescribes pursuant to division	4899
(C)(1) of section 109.572 of the Revised Code. An employee who	4900
intends to carry a firearm as defined in section 2923.11 of the	4901
Revised Code in the course of business or employment shall so	4902
notify the superintendent. This notification is in addition to any	4903
other requirement related to carrying a firearm that applies to	4904
the employee. The individual or corporation requesting the	4905
criminal records check shall pay the fee the superintendent	4906
prescribes.	4907

The superintendent shall conduct the criminal records check	4908
as set forth in division (B) of section 109.572 of the Revised	4909
Code. If an employee intends to carry a firearm in the course of	4910
business or employment, pursuant to division (B)(2) of section	4911
109.572 of the Revised Code the superintendent shall make a	4912
request of the federal bureau of investigation for any information	4913
and review the information the bureau provides. The superintendent	4914
shall submit all results of the completed investigation to the	4915
director of public safety.	4916

(3) If, after investigation, the bureau finds that the	4917
employee has not been convicted of a felony within the last twenty	4918
years, the director shall issue to the employee an identification	4919
card bearing the license number and signature of the licensee,	4920
which in the case of a corporation shall be the signature of its	4921
president or its qualifying agent, and containing the employee's	4922
name, address, age, physical description, and right thumb print or	4923
other identifying mark as the director prescribes, a recent	4924
photograph of the employee, and the employee's signature. The	4925
director may issue a duplicate of a lost, spoliated, or destroyed	4926
identification card issued under this section, upon payment of a	4927
fee fixed by the director, not exceeding five dollars.	4928

(C) Except as provided in division (E) of this section, no	4929
class A, B, or C licensee shall permit an employee, other than an	4930
individual who qualified a corporation for licensure, to engage in	4931
the business of private investigation, the business of security	4932
services, or both businesses until the employee receives an	4933
identification card from the department, except that pending the	4934
issuance of an identification card, a class A, B, or C licensee	4935
may offer for hire security guard or investigator employees	4936
provided the licensee obtains a waiver from the person who	4937
receives, for hire, security guard or investigative services,	4938
acknowledging that the person is aware the employees have not	4939
completed their registration and agreeing to their employment.	4940

(D) If a class A, B, or C licensee, or a registered employee	4941
of a class A, B, or C licensee, intends to carry a firearm, as	4942
defined in section 2923.11 of the Revised Code, in the course of	4943
engaging in the business or employment, the licensee or registered	4944
employee shall satisfactorily complete a firearms basic training	4945
program that includes twenty hours of handgun training and five	4946
hours of training in the use of other firearms, if any other	4947
firearm is to be used, or equivalency training, if authorized, or	4948
shall be a former peace officer who previously had successfully	4949
completed a firearms training course, shall receive a certificate	4950
of satisfactory completion of that program or written evidence of	4951
approval of the equivalency training, shall file an application	4952
for registration, shall receive a firearm-bearer notation on the	4953
licensee's or registered employee's identification card, and shall	4954
annually requalify on a firearms range, all as described in	4955
division (A) of section 4749.10 of the Revised Code. A private	4956
investigator, security guard provider, or employee is authorized	4957
to carry a firearm only in accordance with that division.	4958

(E) This section does not apply to commissioned peace	4959
officers, as defined in division (B) of section 2935.01 of the	4960
Revised Code, working for, either as an employee or independent	4961
contractor, a class A, B, or C licensee. For purposes of this	4962
chapter, a commissioned peace officer is an employee exempt from	4963
registration.	4964

(F) The registration of an investigator or security guard	4965
employee expires annually on the anniversary date of its initial	4966
issuance. Annual renewals shall be made pursuant to procedures the	4967
director establishes by rule and upon payment of a renewal fee the	4968
director determines, not to exceed thirty-five dollars. The	4969
director shall not renew the registration of any investigator or	4970
security guard employee who no longer meets the requirements of	4971
this section. No background check is required for annual renewal,	4972
but an investigator or security guard employee shall report any	4973
felony conviction to the employer and the director of public	4974
safety as a condition of continued registration.	4975

Sec. 4749.10.  (A) No class A, B, or C licensee and no	4976
registered employee of a class A, B, or C licensee shall carry a	4977
firearm, as defined in section 2923.11 of the Revised Code, in the	4978
course of engaging in the business of private investigation, the	4979
business of security services, or both businesses, unless all of	4980
the following apply:	4981

(1) The licensee or employee either has successfully	4982
completed a basic firearm training program at a training school	4983
approved by the Ohio peace officer training commission, which	4984
program includes twenty hours of training in handgun use and, if	4985
any firearm other than a handgun is to be used, five hours of	4986
training in the use of other firearms, and has received a	4987
certificate of satisfactory completion of that program from the	4988
executive director of the commission; the licensee or employee	4989
has, within three years prior to November 27, 1985, satisfactorily	4990
completed firearms training that has been approved by the	4991
commission as being equivalent to such a program and has received	4992
written evidence of approval of that training from the executive	4993
director of the commission; or the licensee or employee is a	4994
former peace officer, as defined in section 109.71 of the Revised	4995
Code, who previously had successfully completed a firearms	4996
training course at a training school approved by the Ohio peace	4997
officer training commission and has received a certificate or	4998
other evidence of satisfactory completion of that course from the	4999
executive director of the commission.	5000

(2) The licensee or employee submits an application to the	5001
director of public safety, on a form prescribed by the director,	5002
in which the licensee or employee requests registration as a class	5003
A, B, or C licensee or employee who may carry a firearm. The	5004
application shall be accompanied by a copy of the certificate or	5005
the written evidence or other evidence described in division	5006
(A)(1) of this section, the identification card issued pursuant to	5007
section 4749.03 or 4749.06 of the Revised Code if one has	5008
previously been issued, a statement of the duties that will be	5009
performed while the licensee or employee is armed, and a fee of	5010
tenthe director determines, not to exceed fifteen dollars. In the	5011
case of a registered employee, the statement shall be prepared by	5012
the employing class A, B, or C licensee.	5013

(3) The licensee or employee receives a notation on the	5014
licensee's or employee's identification card that the licensee or	5015
employee is a firearm-bearer and carries the identification card	5016
whenever the licensee or employee carries a firearm in the course	5017
of engaging in the business of private investigation, the business	5018
of security services, or both businesses.	5019

(4) At any time within the immediately preceding twelve-month	5020
period, the licensee or employee has requalified in firearms use	5021
on a firearms training range at a firearms requalification program	5022
certified by the Ohio peace officer training commission or on a	5023
firearms training range under the supervision of an instructor	5024
certified by the commission and has received a certificate of	5025
satisfactory requalification from the certified program or	5026
certified instructor, provided that this division does not apply	5027
to any licensee or employee prior to the expiration of eighteen	5028
months after the licensee's or employee's completion of the	5029
program described in division (A)(1) of this section. A	5030
certificate of satisfactory requalification is valid and remains	5031
in effect for twelve months from the date of the requalification.	5032

(5) If division (A)(4) of this section applies to the	5033
licensee or employee, the licensee or employee carries the	5034
certificate of satisfactory requalification that then is in effect	5035
or any other evidence of requalification issued or provided by the	5036
director.	5037

(B)(1) The director of public safety shall register an	5038
applicant under division (A) of this section who satisfies	5039
divisions (A)(1) and (2) of this section, and place a notation on	5040
the applicant's identification card indicating that the applicant	5041
is a firearm-bearer and the date on which the applicant completed	5042
the program described in division (A)(1) of this section.	5043

(2) A firearms requalification training program or instructor	5044
certified by the commission for the annual requalification of	5045
class A, B, or C licensees or employees who are authorized to	5046
carry a firearm under section 4749.10 of the Revised Code shall	5047
award a certificate of satisfactory requalification to each class	5048
A, B, or C licensee or registered employee of a class A, B, or C	5049
licensee who satisfactorily requalifies in firearms training. The	5050
certificate shall identify the licensee or employee and indicate	5051
the date of the requalification. A licensee or employee who	5052
receives such a certificate shall submit a copy of it to the	5053
director of public safety. A licensee shall submit the copy of the	5054
requalification certificate at the same time that the licensee	5055
makes application for renewal of the licensee's class A, B, or C	5056
license. The director shall keep a record of all copies of	5057
requalification certificates the director receives under this	5058
division and shall establish a procedure for the updating of	5059
identification cards to provide evidence of compliance with the	5060
annual requalification requirement. The procedure for the updating	5061
of identification cards may provide for the issuance of a new card	5062
containing the evidence, the entry of a new notation containing	5063
the evidence on the existing card, the issuance of a separate card	5064
or paper containing the evidence, or any other procedure	5065
determined by the director to be reasonable. Each person who is	5066
issued a requalification certificate under this division promptly	5067
shall pay to the Ohio peace officer training commission	5068
established by section 109.71 of the Revised Code a fee of five	5069
the director determines, not to exceed fifteen dollars, which fee	5070
shall be transmitted to the treasurer of state for deposit in the	5071
peace officer private security fund established by section 109.78	5072
of the Revised Code.	5073

(C) Nothing in this section prohibits a private investigator	5074
or a security guard provider from carrying a concealed handgun if	5075
the private investigator or security guard provider complies with	5076
sections 2923.124 to 2923.1213 of the Revised Code.	5077

Sec. 5501.11. (A) The functions of the department of	5078
transportation with respect to highways shall be to do all of the	5079
following:	5080

(A) To establish(1) Establish state highways on existing	5081
roads, streets, and new locations and to construct, reconstruct,	5082
widen, resurface, maintain, and repair the state system of	5083
highways and the bridges and culverts thereon;	5084

(B) To co-operate(2) Cooperate with the federal government	5085
in the establishment, construction, reconstruction, improvement,	5086
maintenance, and repair of post roads and other roads designated	5087
by the federal authorities;	5088

(C) To conduct(3) Conduct research and to co-operate	5089
cooperate with organizations conducting research in matters	5090
pertaining to highway design, construction, maintenance, material,	5091
safety, and traffic;	5092

(D) To co-operate(4) Cooperate with the counties, municipal	5093
corporations, townships, and other subdivisions of the state in	5094
the establishment, construction, reconstruction, maintenance,	5095
repair, and improvement of the public roads and bridges.	5096

(B) To fulfill its functions under division (A) of this	5097
section, the department shall develop and maintain a pavement	5098
management system. The system shall inventory and evaluate basic	5099
road and bridge conditions throughout the state highway system and	5100
develop strategies to improve those conditions, minimize annual	5101
maintenance of the state highway system, and ensure that a	5102
disproportionate percentage of the roads and bridges on the state	5103
highway system are not due for replacement or major repair at the	5104
same time. The department shall identify and promote longer	5105
pavement life spans to lessen user delays and the disruption to	5106
traffic on the state highway system.	5107

Sec. 5513.04.  (A) Notwithstanding sections 125.12, 125.13,	5108
and 125.14 of the Revised Code, the director of transportation,	5109
after notice as provided in sections 5513.01 and 5513.02 of the	5110
Revised Code with respect to purchase,may sell, transfer, or	5111
otherwise dispose of any item of personal property that is not	5112
needed by the department of transportation. The director may	5113
exchange any such item, in the manner provided for in this	5114
chapter, and pay the balance of the cost of such new item from	5115
funds appropriated to the department. The director also may accept	5116
a credit voucher or cash in an amount mutually agreed upon between	5117
a vendor and the department. The director shall apply the amount	5118
of any credit voucher to future purchases from that vendor and	5119
shall deposit any cash into the state treasury to the credit of	5120
the highway operating fund created in section 5735.291 of the	5121
Revised Code.	5122

(B)(1) The director may sell or transfer any structure,	5123
machinery, tools, equipment, parts, material, office furniture, or	5124
supplies unfit for use or not needed by the department of	5125
transportation. The director may sell or transfer any item	5126
specified in this division to any agency of the state or a	5127
political subdivision of the state without notice of the proposed	5128
disposal and upon any mutually agreed upon terms. The director may	5129
exchange any such item, in the manner provided for in this	5130
chapter, and pay the balance of the cost of such new item from any	5131
funds appropriated to the department. The director also may accept	5132
a credit voucher in an amount mutually agreed upon between a	5133
vendor and the department. The amount of the credit voucher shall	5134
be applied to future purchases from that vendor.	5135

(B) Notwithstanding sections 125.12, 125.13, and 125.14 of	5136
the Revised Code, the director, after notice as provided in this	5137
chapter with respect to purchase, may sell	5138

(2) Before selling any passenger vehicle, van, truck,	5139
trailer, or other heavy equipment unfit for use or not required by	5140
the department. Prior to such sale, the director shall notify each	5141
county, municipal corporation, township, and school district of	5142
the sale. The director shall similarly notify the board of	5143
trustees of any regional water and sewer district established	5144
under Chapter 6119. of the Revised Code, when the board has	5145
forwarded to the director the district's name and current business	5146
address. For the purposes of this division, the name and current	5147
business address of a regional water and sewer district shall be	5148
forwarded to the director once each year during any year in which	5149
the board wishes the notification to be given. The notice required	5150
by this division may be given by the most economical means	5151
considered to be effective, including, but not limited to, regular	5152
mail, electronic mail, electronic bulletin board, and publication	5153
in a periodical or newspaper. If after seven days following	5154
mailing or other issuance of the director's notice, no county,	5155
municipal corporation, township, regional water and sewer	5156
district, educational service center, or school district has	5157
notified the director that it wishes to purchase any such vehicle	5158
or other heavy equipment, the director may proceed with the sale	5159
under division (D)(C) of this section. The director may exchange	5160
such vehicles and other heavy equipment for new vehicles or other	5161
heavy equipment, in the manner provided for in sections 5513.01 to	5162
5513.04 of the Revised Code, and pay the balance of the cost of	5163
such new vehicles or other heavy equipment from the funds	5164
appropriated to the department. The director also may elect to	5165
accept a credit voucher from a vendor in an amount mutually agreed	5166
to by the department and the vendor. The director shall apply the	5167
credit voucher to future purchases from that vendor.	5168

In an emergency situation as determined bythe discretion of	5169
the director, the director may transfer any vehiclesvehicle or	5170
other heavy equipment that is unfit for use or not needed by the	5171
department to any agency of the state or political subdivision of	5172
the state without advertising for bids and upon mutually agreed to	5173
upon terms.	5174

(C)(3) The director may sell or otherwise dispose of any	5175
structure or structural materials salvaged on the state highway	5176
system that in the director's judgment are no longer needed by the	5177
department, or that, through wear or obsolescence, have become	5178
unfit for use. The director may transfer the structure or	5179
materials to counties, municipal corporations, school districts,	5180
or other governmentalpolitical subdivisions without advertising	5181
for bids and upon mutually agreed toupon terms. The director may	5182
transfer the structure or structuresstructural materials to a	5183
nonprofit corporation upon being furnished a copy of a contract	5184
between the nonprofit corporation and a county, municipal	5185
corporation, or other governmentalpolitical subdivision to which	5186
the structure is to be moved pursuant to which the nonprofit	5187
corporation must make the structure or structuresstructural	5188
materials available for rent or sale within a period of three	5189
months after becoming available for occupancy to an individual or	5190
family which has been displaced by governmental action or which	5191
occupies substandard housing as certified by such governmental	5192
political subdivision, without advertising for bids. Any such	5193
transfers shall be for such consideration as shall be determined	5194
by the director to be fair and reasonable, and shall be upon such	5195
terms and specifications with respect to performance and indemnity	5196
as shall be determined necessary by the director.	5197

When, in carrying out an improvement that replaces any	5198
structure or structural materials, it is advantageous to dispose	5199
of the structure or structural materials by providing in the	5200
contract for the improvement that the structure or structural	5201
materials, or any part thereof, shall become the property of the	5202
contractor, the director may so proceed.	5203

(D)(C)(1) Any item specified in division (A), (B), or (C) of	5204
this section that has an estimated market value greater than one	5205
thousand dollars and that has not been sold or transferred as	5206
provided in those divisionsdivision (B) of this section may be	5207
sold at a public sale, as determined by the director. The director	5208
may authorize such sale by the district deputy directors of	5209
transportation, and the proceedings of such sale shall be	5210
conducted in the same manner as provided for sales by the	5211
director. The director may establish a minimum price for any item	5212
to be sold and may establish any other terms, conditions, and	5213
manner for the sale of a particular item, which may be on any	5214
basis the director determines to be most advantageous to the	5215
department. The director may reject any offer or bid for an item.	5216
The director may remove any item from a sale if it develops that a	5217
public authority has a use for the item. In any notice of a sale,	5218
the director shall include a brief description of the item to be	5219
sold, the terms and conditions of the sale, and a statement of the	5220
time, place, and manner of the sale.	5221

Before making any sale under division (D)(1) of this section	5222
(2)(a) If, in the opinion of the director, any item to be sold has	5223
an estimated fair market value in excess of one thousand dollars,	5224
the director shall givepost a notice of the sale by posting, for	5225
not less than ten days, a written, typed, or printed invitation to	5226
bidders on a traditional or electronic bulletin board in the	5227
officeson the official web site of the department. The bulletin	5228
board shall be located in a place open to the public during normal	5229
business hoursIf the district where the property is located	5230
maintains a web site, notice of the sale also shall be posted on	5231
that web site. At least ten days before bids are to be received	5232
the sale, the director also shall publish one notice of the sale	5233
in a periodical or newspaper of general circulation in the region	5234
in which the items are located. The invitation to bidders and the	5235
published notice of the sale shall contain a brief description of	5236
the items to be sold and a statement of the time and place where	5237
bids will be received. The director may receive bids and make such	5238
sale on any basis the director determines is most advantageous to	5239
the department. A sale under division (D)(1) (C)(2)(a) of this	5240
section shall be made to the highest responsible bidder. If, after	5241
invitations are issued, it develops that any public authority has	5242
use for any of the items, the director may reject all bids and	5243
dispose of the items as set out in this section.	5244

(2)(b) If, in the opinion of the director, any item specified	5245
in division (A), (B), or (C) of this sectionto be sold has an	5246
estimated fair market value of one thousand dollars or less, the	5247
director is not required to advertise the proposed sale except by	5248
notice posted on a traditional or electronic bulletin board in one	5249
or more officesthe official web site of the department. The	5250
bulletin board shall be located in a place open to the public	5251
during normal business hours. The notice shall be posted for at	5252
least five working days and shall contain a brief description of	5253
the items to be sold and a statement of the time and place where	5254
bids will be received. The director may receive bids and make such	5255
sale on any basis the director determines is most advantageous to	5256
the department. Sale of any item using this method of advertising.	5257
A sale under division (C)(2)(b) of this section shall be made to	5258
the highest responsible bidder. If it develops that any public	5259
authority has use for any of the items, the director may reject	5260
all bids and dispose of the items as set out in this section.	5261

(E)(D) Proceeds of any sale described in this section shall	5262
be paid into the state treasury to the credit of the state highway	5263
operating fund or any other fund of the department as determined	5264
by the director.	5265

(E) Once each year, the state board of education shall	5266
provide the director with a current list of the addresses of all	5267
school districts and educational service centers in the state.	5268

(F) As used in this section, "school:

5269

(1) "Personal property" means any structure or structural	5270
material, machinery, tools, equipment, parts, material, office	5271
furniture, supplies, passenger vehicle, van, truck, trailer, or	5272
other heavy equipment of the department;	5273

(2) "School district" means any city school district, local	5274
school district, exempted village school district, cooperative	5275
education school district, and joint vocational school district,	5276
as defined in Chapter 3311. of the Revised Code. Once each year,	5277
the state board of education shall provide the director with a	5278
current list of the addresses of all school districts and	5279
educational service centers in the state.	5280

(3) "Sale" means fixed price sale, live or internet auction,	5281
or any other type of sale determined by the director.	5282

Sec. 5525.01.  Before entering into a contract the director	5283
of transportation shall advertise for bids for two consecutive	5284
weeks in one newspaper of general circulation published in the	5285
county in which the improvement or part thereof is located, but if	5286
there is no such newspaper then in one newspaper having general	5287
circulation in an adjacent county. The director may advertise for	5288
bids in such other publications as the director considers	5289
advisable. Such notices shall state that plans and specifications	5290
for the improvement are on file in the office of the director and	5291
the district deputy director of the district in which the	5292
improvement or part thereof is located and the time within which	5293
bids therefor will be received.	5294

Each bidder shall be required to file with the bidder's bid a	5295
bid guaranty in the form of a certified check or cashier's check	5296
for an amount equal to five per cent of the bidder's bid, but in	5297
no event more than fifty thousand dollars, or a bid bond for ten	5298
per cent of the bidder's bid, payable to the director, which check	5299
or bond shall be forthwith returned to the bidder in case the	5300
contract is awarded to another bidder, or, in case of a successful	5301
bidder, when the bidder has entered into a contract and furnished	5302
the bonds required by section 5525.16 of the Revised Code. In the	5303
event the contract is awarded to a bidder, and the bidder fails or	5304
refuses to furnish the bonds as required by section 5525.16 of the	5305
Revised Code, the check or bid bond filed with the bidder's bid	5306
shall be forfeited as liquidated damages. No bidder shall be	5307
required either to file a signed contract with the bidder's bid,	5308
to enter into a contract, or to furnish the contract performance	5309
bond and the payment bond required by that section until the bids	5310
have been opened and the bidder has been notified by the director	5311
that the bidder is awarded the contract.	5312

The director shall permit a bidder to withdraw the bidder's	5313
bid from consideration, without forfeiture of the certified check	5314
or bid bond filed with the bid, providing a written request	5315
together with a sworn statement of the grounds for such withdrawal	5316
is delivered within forty-eight hours after the time established	5317
for the receipt of bids, and if the price bid was substantially	5318
lower than the other bids, providing the bid was submitted in good	5319
faith, and the reason for the price bid being substantially lower	5320
was a clerical mistake evident on the face of the bid, as opposed	5321
to a judgment mistake, and was actually due to an unintentional	5322
and substantial arithmetic error or an unintentional omission of a	5323
substantial quantity of work, labor, or material made directly in	5324
the compilation of the bid. In the event the director decides the	5325
conditions for withdrawal have not been met, the director may	5326
award the contract to such bidder. If such bidder does not then	5327
enter into a contract and furnish the contract bond as required by	5328
law, the director may declare forfeited the certified check or bid	5329
bond as liquidated damages and award the contract to the next	5330
higher bidder or reject the remaining bids and readvertise the	5331
project for bids. Such bidder may, within thirty days, appeal the	5332
decision of the director to the court of common pleas of Franklin	5333
county and the court may affirm or reverse the decision of the	5334
director and may order the director to refund the amount of the	5335
forfeiture. At the hearing before the common pleas court evidence	5336
may be introduced for and against the decision of the director.	5337
The decision of the common pleas court may be appealed as in other	5338
cases.	5339

The director shall require all bidders to furnish the	5340
director under oath, upon such printed forms as the director may	5341
prescribe, detailed information with respect to all pending work	5342
of the bidder, whether with the department of transportation or	5343
otherwise, together with such other information as the director	5344
considers necessary.	5345

In the event a bidder fails to submit anything required to be	5346
submitted with the bid and then fails or refuses to so submit such	5347
at the request of the director, the failure or refusal constitutes	5348
grounds for the director, in the director's discretion, to declare	5349
as forfeited the bid guaranty submitted with the bid.	5350

The director may reject any or all bids. Except in regard to	5351
contracts for environmental remediation and specialty work for	5352
which there are no classes of work set out in the rules adopted by	5353
the director, if the director awards the contract, the director	5354
shall award it to the lowest competent and responsible bidder as	5355
defined by rules adopted by the director under section 5525.05 of	5356
the Revised Code, who is qualified to bid under sections 5525.02	5357
to 5525.09 of the Revised Code. In regard to contracts for	5358
environmental remediation and specialty work for which there are	5359
no classes of work set out in the rules adopted by the director,	5360
the director shall competitively bid the projects in accordance	5361
with this chapter and shall award the contracts to the lowest and	5362
best bidder.	5363

The award for all projects competitively let by the director	5364
under this section shall be made within ten days after the date on	5365
which the bids are opened, and the successful bidder shall enter	5366
into a contract and furnish a contract performance bond and a	5367
payment bond, as provided for in section 5525.16 of the Revised	5368
Code, within ten days after the bidder is notified that the bidder	5369
has been awarded the contract.	5370

The director may insert in any contract awarded under this	5371
chapter a clause providing for value engineering change proposals,	5372
under which a contractor who has been awarded a contract may	5373
propose a change in the plans and specifications of the project	5374
that saves the department time or money on the project without	5375
impairing any of the essential functions and characteristics of	5376
the project such as service life, reliability, economy of	5377
operation, ease of maintenance, safety, and necessary standardized	5378
features. If the director adopts the value engineering proposal,	5379
the savings from the proposal shall be divided between the	5380
department and the contractor according to guidelines established	5381
by the director, provided that the contractor shall receive at	5382
least fifty per cent of the savings from the proposal. The	5383
adoption of a value engineering proposal does not invalidate the	5384
award of the contract or require the director to rebid the	5385
project.	5386

Sec. 5525.10. NoExcept as provided in section 5525.15 of	5387
the Revised Code, no contract for any road improvement shall be	5388
awarded for a greater sum than the estimated cost thereof plus	5389
five per cent. The bids received for an improvement shall be	5390
opened at the time and place stated in the notice and the bids	5391
shall conform to such other requirements as the director of	5392
transportation prescribes. If no acceptable bid is made the	5393
director may readvertise the work at the original estimate or	5394
amend the estimate and again proceed to advertise for bids. The	5395
director may contract for the construction or improvement of	5396
bridges and culverts or the grading required in connection with an	5397
improvement and may defer making contracts for the remainder of	5398
said improvement until such grade has become stable and solid.	5399

Sec. 5525.15.  The director of transportation may provide	5400
that the estimate of cost of any project to be constructed by the	5401
department by the taking of bids and awarding of contracts shall	5402
be confidential information and so remain until after all bids on	5403
the project have been received. The estimate then shall be	5404
publicly read prior to the opening of the bids of the subject.	5405

When the director exercises the authority conferred by this	5406
section, all information with respect to the total estimate of	5407
cost of the project to be built by contract and with respect to	5408
the estimate of cost of any particular item of work involved	5409
therein shall be kept and regarded by the director and all the	5410
director's subordinates as confidential, and shall not be revealed	5411
to any person not employed in the department, or by the United	5412
States department of transportation in the case of projects	5413
financed in whole or part by federal funds, until after the bids	5414
on the project have been opened and read. Section 5517.01 of the	5415
Revised Code with respect to the public inspection of estimates of	5416
cost prior to the opening of bids and with respect to filing	5417
estimates of cost in the office of the district deputy director of	5418
transportation does not apply when the authority conferred by this	5419
section is exercised. This section does not prohibit the	5420
department from furnishing estimates of cost to counties,	5421
municipal corporations, or other local political subdivisions or	5422
to railroad or railway companies proposing to pay any portion of	5423
the cost of an improvement.	5424

Section 5525.10 of the Revised Code, which provides that no	5425
contract for any improvement shall be awarded for a greater sum	5426
than the estimated cost thereof plus five per cent, does not apply	5427
in the case of any project with respect to which the authority	5428
conferred by this section is exercised. In cases in which the	5429
authority conferred by this section is exercised and in which the	5430
bid of the successful bidder exceeds the estimate, the director,	5431
before entering into a contract, shall determine that the bid of	5432
the successful bidder is fair and reasonable, and as long as the	5433
federal government imposes regulation on prices charged for	5434
construction service, shall require the successful bidder to	5435
certify that the bidder's bid does not exceed the maximum	5436
permitted by such federal regulation.	5437

Sec. 5525.25.  (A) For each fiscal year, not more than	5438
one-fifth of the department of transportation's capital	5439
construction projects shall be bid requiring a warranty as	5440
specified in the bidding documents and in division (B) of this	5441
section.	5442

(B) A warranty period under this section shall be:

5443

(1) Not more than seven years, for pavement in the case of	5444
new construction;	5445

(2) Not more than five years, in the case of bridge painting	5446
and pavement resurfacing and rehabilitation;	5447

(3) Not more than two years, in the case of pavement	5448
preventative maintenance, bridge painting, pavement markings,	5449
raised pavement markers, guardrail, and other project items as	5450
determined by the director.	5451

This section does not apply to contracts the director makes	5452
on behalf of a political subdivision.	5453

Sec. 5531.09.  (A) The state infrastructure bank shall	5454
consist of the highway and transit infrastructure bank fund, the	5455
aviation infrastructure bank fund, the rail infrastructure bank	5456
fund, and the infrastructure bank obligations fund, which are	5457
hereby created as funds of the state treasury, to be administered	5458
by the director of transportation and used for the purposes	5459
described in division (B) of this section. The highway and transit	5460
infrastructure bank fund, the aviation infrastructure bank fund,	5461
and the rail infrastructure bank fund shall consist of federal	5462
grants and awards or other assistance received by the state and	5463
eligible for deposit therein under applicable federal law,	5464
payments received by the department in connection with providing	5465
financial assistance for qualifying projects under division (B) of	5466
this section, and such other amounts as may be provided by law.	5467
The infrastructure bank obligations fund shall consist of such	5468
amounts of the proceeds of obligations issued under section	5469
5531.10 of the Revised Code as the director of transportation	5470
determines with the advice of the director of budget and	5471
management; and such other amounts as may be provided by law. The	5472
director of budget and management, upon the request of the	5473
director of transportation, may transfer amounts between the funds	5474
created in this division, except the infrastructure bank	5475
obligations fund. The investment earnings of each fund created by	5476
this division shall be credited to such fund.	5477

(B) The director of transportation shall use the state	5478
infrastructure bank to encourage public and private investment in	5479
transportation facilities that contribute to the multi-modal and	5480
intermodal transportation capabilities of the state, develop a	5481
variety of financing techniques designed to expand the	5482
availability of funding resources and to reduce direct state	5483
costs, maximize private and local participation in financing	5484
projects, and improve the efficiency of the state transportation	5485
system by using and developing the particular advantages of each	5486
transportation mode to the fullest extent. In furtherance of these	5487
purposes, the director shall use the state infrastructure bank to	5488
provide financial assistance to public or private entities for	5489
qualified projects. Such assistance shall be in the form of loans,	5490
loan guarantees, letters of credit, leases, lease-purchase	5491
agreements, interest rate subsidies, debt service reserves, and	5492
such other forms as the director determines to be appropriate. All	5493
fees, charges, rates of interest, payment schedules, security for,	5494
and other terms and conditions relating to such assistance shall	5495
be determined by the director. The highway and transit	5496
infrastructure bank fund, the aviation infrastructure bank fund,	5497
and the rail infrastructure bank fund may be used to pay debt	5498
service on obligations whose proceeds have been deposited into the	5499
infrastructure bank obligations fund.	5500

(C) The director of transportation shall adopt rules	5501
establishing guidelines necessary for the implementation and	5502
exercise of the authority granted by this section, including rules	5503
for receiving, reviewing, evaluating, and selecting projects for	5504
which financial assistance may be approved.	5505

(D) As used in this section and in section 5531.10 of the	5506
Revised Code, "qualified project" means any public or private	5507
transportation project as determined by the director of	5508
transportation, including, without limitation, planning,	5509
environmental impact studies, engineering, construction,	5510
reconstruction, resurfacing, restoring, rehabilitation, or	5511
replacement of public or private transportation facilities within	5512
the state, studying the feasibility thereof, and the acquisition	5513
of real or personal property or interests therein; any highway,	5514
public transit, aviation, rail, or other transportation project	5515
eligible for financing or aid under any federal or state program;	5516
and any project involving the maintaining, repairing, improving,	5517
or construction of any public or private highway, road, street,	5518
parkway, public transit, aviation, or rail project, and any	5519
related rights-of-way, bridges, tunnels, railroad-highway	5520
crossings, drainage structures, signs, guardrails, or protective	5521
structures.	5522

(E) The general assembly finds that state infrastructure	5523
projects, as defined in division (A)(8) of section 5531.10 of the	5524
Revised Code, and the state infrastructure bank, will materially	5525
contribute to the economic revitalization of areas of the state	5526
and result in improving the economic welfare of all the people of	5527
the state. Accordingly, it is declared to be the public purpose of	5528
the state, through operations under sections 5531.09 and 5531.10	5529
of the Revised Code, and other applicable laws adopted pursuant to	5530
Section 13 of Article VIII, Ohio Constitution, and other authority	5531
vested in the general assembly, to assist in and facilitate the	5532
purposes set forth in division (B) of section 5531.10 of the	5533
Revised Code, and to assist and cooperate with any governmental	5534
agency in achieving such purposepurposes.	5535

Sec. 5531.10.  (A) As used in this chapter:

5536

(1) "Bond proceedings" means the resolution, order, trust	5537
agreement, indenture, lease, lease-purchase agreements, and other	5538
agreements, amendments and supplements to the foregoing, or any	5539
one or more or combination thereof, authorizing or providing for	5540
the terms and conditions applicable to, or providing for the	5541
security or liquidity of, obligations issued pursuant to this	5542
section, and the provisions contained in such obligations.	5543

(2) "Bond service charges" means principal, including	5544
mandatory sinking fund requirements for retirement of obligations,	5545
and interest, and redemption premium, if any, required to be paid	5546
by the state on obligations.	5547

(3) "Bond service fund" means the applicable fund and	5548
accounts therein created for and pledged to the payment of bond	5549
service charges, which may be, or may be part of, the state	5550
infrastructure bank revenue bond service fund created by division	5551
(R) of this section including all moneys and investments, and	5552
earnings from investments, credited and to be credited thereto.	5553

(4) "Issuing authority" means the treasurer of state, or the	5554
officer who by law performs the functions of the treasurer of	5555
state.	5556

(5) "Obligations" means bonds, notes, or other evidence of	5557
obligation including interest coupons pertaining thereto, issued	5558
pursuant to this section.	5559

(6) "Pledged receipts" means moneys accruing to the state	5560
from the lease, lease-purchase, sale, or other disposition, or	5561
use, of qualified projects, and from the repayment, including	5562
interest, of loans made from proceeds received from the sale of	5563
obligations; accrued interest received from the sale of	5564
obligations; income from the investment of the special funds; any	5565
gifts, grants, donations, and pledges, and receipts therefrom,	5566
available for the payment of bond service charges; and any amounts	5567
in the state infrastructure bank pledged to the payment of such	5568
charges. If the amounts in the state infrastructure bank are	5569
insufficient for the payment of such charges, "pledged receipts"	5570
also means moneys that are apportioned by the United States	5571
secretary of transportation under United States Code, Title XXIII,	5572
as amended, or any successor legislation, or under any other	5573
federal law relating to aid for highways, and that are to be	5574
received as a grant by the state, to the extent the state is not	5575
prohibited by state or federal law from using such moneys and the	5576
moneys are pledged to the payment of such bond service charges.	5577

(7) "Special funds" or "funds" means, except where the	5578
context does not permit, the bond service fund, and any other	5579
funds, including reserve funds, created under the bond	5580
proceedings, and the state infrastructure bank revenue bond	5581
service fund created by division (R) of this section to the extent	5582
provided in the bond proceedings, including all moneys and	5583
investments, and earnings from investment, credited and to be	5584
credited thereto.	5585

(8) "State infrastructure project" means any public	5586
transportation project undertaken by the state, including, but not	5587
limited to, all components of any such project, as described in	5588
division (D) of section 5131.09 of the Revised Code.	5589

(B) The issuing authority, after giving written notice to the	5590
director of budget and management and upon the certification by	5591
the director of transportation to the issuing authority of the	5592
amount of moneys or additional moneys needed either for state	5593
infrastructure projects or to provide financial assistance for any	5594
of the purposes for which the state infrastructure bank may be	5595
used under section 5531.09 of the Revised Code, or needed for	5596
capitalized interest, funding reserves, and paying costs and	5597
expenses incurred in connection with the issuance, carrying,	5598
securing, paying, redeeming, or retirement of the obligations or	5599
any obligations refunded thereby, including payment of costs and	5600
expenses relating to letters of credit, lines of credit,	5601
insurance, put agreements, standby purchase agreements, indexing,	5602
marketing, remarketing and administrative arrangements, interest	5603
swap or hedging agreements, and any other credit enhancement,	5604
liquidity, remarketing, renewal, or refunding arrangements, all of	5605
which are authorized by this section, shall issue obligations of	5606
the state under this section in the required amount. The proceeds	5607
of such obligations, except for the portion to be deposited in	5608
special funds, including reserve funds, as may be provided in the	5609
bond proceedings, shall as provided in the bond proceedings be	5610
credited to the infrastructure bank obligations fund of the state	5611
infrastructure bank created by section 5531.09 of the Revised Code	5612
and disbursed as provided in the bond proceedings for such	5613
obligations. The issuing authority may appoint trustees, paying	5614
agents, transfer agents, and authenticating agents, and may retain	5615
the services of financial advisors, accounting experts, and	5616
attorneys, and retain or contract for the services of marketing,	5617
remarketing, indexing, and administrative agents, other	5618
consultants, and independent contractors, including printing	5619
services, as are necessary in the issuing authority's judgment to	5620
carry out this section. The costs of such services are payable	5621
from funds of the state infrastructure bank.	5622

(C) TheExcept as otherwise provided in this division, the	5623
holders or owners of such obligations shall have no right to have	5624
moneys raised by taxation by the state of Ohio obligated or	5625
pledged, and moneys so raised shall not be obligated or pledged,	5626
for the payment of bond service charges. The municipal	5627
corporations and counties may pledge and obligate moneys received	5628
pursuant to sections 4501.04, 5709.42, 5709.79, 5735.23, 5735.27,	5629
and 5735.291 of the Revised Code to the payment of amounts payable	5630
by those municipal corporations and counties to the state	5631
infrastructure bank pursuant to section 5531.09 of the Revised	5632
Code, and the bond proceedings for obligations may provide that	5633
such payments shall constitute pledged receipts, provided such	5634
moneys are obligated, pledged, and paid only with respect to	5635
obligations issued exclusively for public transportation projects.	5636
The right of such holders and owners to the payment of bond	5637
service charges is limited to all or that portion of the pledged	5638
receipts and those special funds pledged thereto pursuant to the	5639
bond proceedings for such obligations in accordance with this	5640
section, and each such obligation shall bear on its face a	5641
statement to that effect.	5642

(D) Obligations shall be authorized by order of the issuing	5643
authority and the bond proceedings shall provide for the purpose	5644
thereof and the principal amount or amounts, and shall provide for	5645
or authorize the manner or agency for determining the principal	5646
maturity or maturities, not exceeding twenty-five years from the	5647
date of issuance, the interest rate or rates or the maximum	5648
interest rate, the date of the obligations and the dates of	5649
payment of interest thereon, their denomination, and the	5650
establishment within or without the state of a place or places of	5651
payment of bond service charges. Sections 9.98 to 9.983 of the	5652
Revised Code are applicable to obligations issued under this	5653
section. The purpose of such obligations may be stated in the bond	5654
proceedings in terms describing the general purpose or purposes to	5655
be served. The bond proceedings also shall provide, subject to the	5656
provisions of any other applicable bond proceedings, for the	5657
pledge of all, or such part as the issuing authority may	5658
determine, of the pledged receipts and the applicable special fund	5659
or funds to the payment of bond service charges, which pledges may	5660
be made either prior or subordinate to other expenses, claims, or	5661
payments, and may be made to secure the obligations on a parity	5662
with obligations theretofore or thereafter issued, if and to the	5663
extent provided in the bond proceedings. The pledged receipts and	5664
special funds so pledged and thereafter received by the state	5665
immediately are subject to the lien of such pledge without any	5666
physical delivery thereof or further act, and the lien of any such	5667
pledges is valid and binding against all parties having claims of	5668
any kind against the state or any governmental agency of the	5669
state, irrespective of whether such parties have notice thereof,	5670
and shall create a perfected security interest for all purposes of	5671
Chapter 1309. of the Revised Code, without the necessity for	5672
separation or delivery of funds or for the filing or recording of	5673
the bond proceedings by which such pledge is created or any	5674
certificate, statement, or other document with respect thereto;	5675
and the pledge of such pledged receipts and special funds is	5676
effective and the money therefrom and thereof may be applied to	5677
the purposes for which pledged without necessity for any act of	5678
appropriation. Every pledge, and every covenant and agreement made	5679
with respect thereto, made in the bond proceedings may therein be	5680
extended to the benefit of the owners and holders of obligations	5681
authorized by this section, and to any trustee therefor, for the	5682
further security of the payment of the bond service charges.	5683

(E) The bond proceedings may contain additional provisions as	5684
to:	5685

(1) The redemption of obligations prior to maturity at the	5686
option of the issuing authority at such price or prices and under	5687
such terms and conditions as are provided in the bond proceedings;	5688

(2) Other terms of the obligations;

5689

(3) Limitations on the issuance of additional obligations;

5690

(4) The terms of any trust agreement or indenture securing	5691
the obligations or under which the same may be issued;	5692

(5) The deposit, investment, and application of special	5693
funds, and the safeguarding of moneys on hand or on deposit,	5694
without regard to Chapter 131. or 135. of the Revised Code, but	5695
subject to any special provisions of this section with respect to	5696
particular funds or moneys, provided that any bank or trust	5697
company which acts as depository of any moneys in the special	5698
funds may furnish such indemnifying bonds or may pledge such	5699
securities as required by the issuing authority;	5700

(6) Any or every provision of the bond proceedings being	5701
binding upon such officer, board, commission, authority, agency,	5702
department, or other person or body as may from time to time have	5703
the authority under law to take such actions as may be necessary	5704
to perform all or any part of the duty required by such provision;	5705

(7) Any provision that may be made in a trust agreement or	5706
indenture;	5707

(8) Any other or additional agreements with the holders of	5708
the obligations, or the trustee therefor, relating to the	5709
obligations or the security therefor, including the assignment of	5710
mortgages or other security relating to financial assistance for	5711
qualified projects under section 5531.09 of the Revised Code.	5712

(F) The obligations may have the great seal of the state or a	5713
facsimile thereof affixed thereto or printed thereon. The	5714
obligations and any coupons pertaining to obligations shall be	5715
signed or bear the facsimile signature of the issuing authority.	5716
Any obligations or coupons may be executed by the person who, on	5717
the date of execution, is the proper issuing authority although on	5718
the date of such bonds or coupons such person was not the issuing	5719
authority. In case the issuing authority whose signature or a	5720
facsimile of whose signature appears on any such obligation or	5721
coupon ceases to be the issuing authority before delivery thereof,	5722
such signature or facsimile nevertheless is valid and sufficient	5723
for all purposes as if the former issuing authority had remained	5724
the issuing authority until such delivery; and in case the seal to	5725
be affixed to obligations has been changed after a facsimile of	5726
the seal has been imprinted on such obligations, such facsimile	5727
seal shall continue to be sufficient as to such obligations and	5728
obligations issued in substitution or exchange therefor.	5729

(G) All obligations are negotiable instruments and securities	5730
under Chapter 1308. of the Revised Code, subject to the provisions	5731
of the bond proceedings as to registration. The obligations may be	5732
issued in coupon or in registered form, or both, as the issuing	5733
authority determines. Provision may be made for the registration	5734
of any obligations with coupons attached thereto as to principal	5735
alone or as to both principal and interest, their exchange for	5736
obligations so registered, and for the conversion or reconversion	5737
into obligations with coupons attached thereto of any obligations	5738
registered as to both principal and interest, and for reasonable	5739
charges for such registration, exchange, conversion, and	5740
reconversion.	5741

(H) Obligations may be sold at public sale or at private	5742
sale, as determined in the bond proceedings.	5743

(I) Pending preparation of definitive obligations, the	5744
issuing authority may issue interim receipts or certificates which	5745
shall be exchanged for such definitive obligations.	5746

(J) In the discretion of the issuing authority, obligations	5747
may be secured additionally by a trust agreement or indenture	5748
between the issuing authority and a corporate trustee which may be	5749
any trust company or bank having its principal place of business	5750
within the state. Any such agreement or indenture may contain the	5751
order authorizing the issuance of the obligations, any provisions	5752
that may be contained in any bond proceedings, and other	5753
provisions which are customary or appropriate in an agreement or	5754
indenture of such type, including, but not limited to:	5755

(1) Maintenance of each pledge, trust agreement, indenture,	5756
or other instrument comprising part of the bond proceedings until	5757
the state has fully paid the bond service charges on the	5758
obligations secured thereby, or provision therefor has been made;	5759

(2) In the event of default in any payments required to be	5760
made by the bond proceedings, or any other agreement of the	5761
issuing authority made as a part of the contract under which the	5762
obligations were issued, enforcement of such payments or agreement	5763
by mandamus, the appointment of a receiver, suit in equity, action	5764
at law, or any combination of the foregoing;	5765

(3) The rights and remedies of the holders of obligations and	5766
of the trustee, and provisions for protecting and enforcing them,	5767
including limitations on the rights of individual holders of	5768
obligations;	5769

(4) The replacement of any obligations that become mutilated	5770
or are destroyed, lost, or stolen;	5771

(5) Such other provisions as the trustee and the issuing	5772
authority agree upon, including limitations, conditions, or	5773
qualifications relating to any of the foregoing.	5774

(K) Any holder of obligations or a trustee under the bond	5775
proceedings, except to the extent that the holder's or trustee's	5776
rights are restricted by the bond proceedings, may by any suitable	5777
form of legal proceedings, protect and enforce any rights under	5778
the laws of this state or granted by such bond proceedings. Such	5779
rights include the right to compel the performance of all duties	5780
of the issuing authority and the director of transportation	5781
required by the bond proceedings or sections 5531.09 and 5531.10	5782
of the Revised Code; to enjoin unlawful activities; and in the	5783
event of default with respect to the payment of any bond service	5784
charges on any obligations or in the performance of any covenant	5785
or agreement on the part of the issuing authority or the director	5786
of transportation in the bond proceedings, to apply to a court	5787
having jurisdiction of the cause to appoint a receiver to receive	5788
and administer the pledged receipts and special funds, other than	5789
those in the custody of the treasurer of state, which are pledged	5790
to the payment of the bond service charges on such obligations or	5791
which are the subject of the covenant or agreement, with full	5792
power to pay, and to provide for payment of bond service charges	5793
on, such obligations, and with such powers, subject to the	5794
direction of the court, as are accorded receivers in general	5795
equity cases, excluding any power to pledge additional revenues or	5796
receipts or other income or moneys of the state or local	5797
governmental entities, or agencies thereof, to the payment of such	5798
principal and interest and excluding the power to take possession	5799
of, mortgage, or cause the sale or otherwise dispose of any	5800
project facilities.	5801

Each duty of the issuing authority and the issuing	5802
authority's officers and employees, and of each state or local	5803
governmental agency and its officers, members, or employees,	5804
undertaken pursuant to the bond proceedings or any loan, loan	5805
guarantee, lease, lease-purchase agreement, or other agreement	5806
made under authority of section 5531.09 of the Revised Code, and	5807
in every agreement by or with the issuing authority, is hereby	5808
established as a duty of the issuing authority, and of each such	5809
officer, member, or employee having authority to perform such	5810
duty, specifically enjoined by the law resulting from an office,	5811
trust, or station within the meaning of section 2731.01 of the	5812
Revised Code.	5813

The person who is at the time the issuing authority, or the	5814
issuing authority's officers or employees, are not liable in their	5815
personal capacities on any obligations issued by the issuing	5816
authority or any agreements of or with the issuing authority.	5817

(L) The issuing authority may authorize and issue obligations	5818
for the refunding, including funding and retirement, and advance	5819
refunding with or without payment or redemption prior to maturity,	5820
of any obligations previously issued by the issuing authority.	5821
Such obligations may be issued in amounts sufficient for payment	5822
of the principal amount of the prior obligations, any redemption	5823
premiums thereon, principal maturities of any such obligations	5824
maturing prior to the redemption of the remaining obligations on a	5825
parity therewith, interest accrued or to accrue to the maturity	5826
dates or dates of redemption of such obligations, and any expenses	5827
incurred or to be incurred in connection with such issuance and	5828
such refunding, funding, and retirement. Subject to the bond	5829
proceedings therefor, the portion of proceeds of the sale of	5830
obligations issued under this division to be applied to bond	5831
service charges on the prior obligations shall be credited to an	5832
appropriate account held by the trustee for such prior or new	5833
obligations or to the appropriate account in the bond service fund	5834
for such obligations. Obligations authorized under this division	5835
shall be deemed to be issued for those purposes for which such	5836
prior obligations were issued and are subject to the provisions of	5837
this section pertaining to other obligations, except as otherwise	5838
provided in this section. The last maturity of obligations	5839
authorized under this division shall not be later than twenty-five	5840
years from the date of issuance of the original securities issued	5841
for the original purpose.	5842

(M) The authority to issue obligations under this section	5843
includes authority to issue obligations in the form of bond	5844
anticipation notes and to renew the same from time to time by the	5845
issuance of new notes. The holders of such notes or interest	5846
coupons pertaining thereto shall have a right to be paid solely	5847
from the pledged receipts and special funds that may be pledged to	5848
the payment of the bonds anticipated, or from the proceeds of such	5849
bonds or renewal notes, or both, as the issuing authority provides	5850
in the order authorizing such notes. Such notes may be	5851
additionally secured by covenants of the issuing authority to the	5852
effect that the issuing authority and the state will do such or	5853
all things necessary for the issuance of such bonds or renewal	5854
notes in the appropriate amount, and apply the proceeds thereof to	5855
the extent necessary, to make full payment of the principal of and	5856
interest on such notes at the time or times contemplated, as	5857
provided in such order. For such purpose, the issuing authority	5858
may issue bonds or renewal notes in such principal amount and upon	5859
such terms as may be necessary to provide funds to pay when	5860
required the principal of and interest on such notes,	5861
notwithstanding any limitations prescribed by or for purposes of	5862
this section. Subject to this division, all provisions for and	5863
references to obligations in this section are applicable to notes	5864
authorized under this division.	5865

The issuing authority in the bond proceedings authorizing the	5866
issuance of bond anticipation notes shall set forth for such bonds	5867
an estimated interest rate and a schedule of principal payments	5868
for such bonds and the annual maturity dates thereof.	5869

(N) Obligations issued under this section are lawful	5870
investments for banks, societies for savings, savings and loan	5871
associations, deposit guarantee associations, trust companies,	5872
trustees, fiduciaries, insurance companies, including domestic for	5873
life and domestic not for life, trustees or other officers having	5874
charge of sinking and bond retirement or other special funds of	5875
political subdivisions and taxing districts of this state, the	5876
commissioners of the sinking fund of the state, the administrator	5877
of workers' compensation in accordance with the investment policy	5878
established by the workers' compensation oversight commission	5879
pursuant to section 4121.12 of the Revised Code, the state	5880
teachers retirement system, the public employees retirement	5881
system, the school employees retirement system, and the Ohio	5882
police and fire pension fund, notwithstanding any other provisions	5883
of the Revised Code or rules adopted pursuant thereto by any	5884
agency of the state with respect to investments by them, and are	5885
also acceptable as security for the deposit of public moneys.	5886

(O) Unless otherwise provided in any applicable bond	5887
proceedings, moneys to the credit of or in the special funds	5888
established by or pursuant to this section may be invested by or	5889
on behalf of the issuing authority only in notes, bonds, or other	5890
obligations of the United States, or of any agency or	5891
instrumentality of the United States, obligations guaranteed as to	5892
principal and interest by the United States, obligations of this	5893
state or any political subdivision of this state, and certificates	5894
of deposit of any national bank located in this state and any	5895
bank, as defined in section 1101.01 of the Revised Code, subject	5896
to inspection by the superintendent of financial institutions. If	5897
the law or the instrument creating a trust pursuant to division	5898
(J) of this section expressly permits investment in direct	5899
obligations of the United States or an agency of the United	5900
States, unless expressly prohibited by the instrument, such moneys	5901
also may be invested in no-front-end-load money market mutual	5902
funds consisting exclusively of obligations of the United States	5903
or an agency of the United States and in repurchase agreements,	5904
including those issued by the fiduciary itself, secured by	5905
obligations of the United States or an agency of the United	5906
States; and in collective investment funds as defined in division	5907
(A) of section 1111.01 of the Revised Code and consisting	5908
exclusively of any such securities. The income from such	5909
investments shall be credited to such funds as the issuing	5910
authority determines, and such investments may be sold at such	5911
times as the issuing authority determines or authorizes.	5912

(P) Provision may be made in the applicable bond proceedings	5913
for the establishment of separate accounts in the bond service	5914
fund and for the application of such accounts only to the	5915
specified bond service charges on obligations pertinent to such	5916
accounts and bond service fund and for other accounts therein	5917
within the general purposes of such fund. Unless otherwise	5918
provided in any applicable bond proceedings, moneys to the credit	5919
of or in the several special funds established pursuant to this	5920
section shall be disbursed on the order of the treasurer of state,	5921
provided that no such order is required for the payment from the	5922
bond service fund when due of bond service charges on obligations.	5923

(Q)(1) The issuing authority may pledge all, or such portion	5924
as the issuing authority determines, of the pledged receipts to	5925
the payment of bond service charges on obligations issued under	5926
this section, and for the establishment and maintenance of any	5927
reserves, as provided in the bond proceedings, and make other	5928
provisions therein with respect to pledged receipts as authorized	5929
by this chapter, which provisions are controlling notwithstanding	5930
any other provisions of law pertaining thereto.	5931

(2) An action taken under division (Q)(2) of this section	5932
does not limit the generality of division (Q)(1) of this section,	5933
and is subject to division (C) of this section and, if and to the	5934
extent otherwise applicable, Section 13 of Article VIII, Ohio	5935
Constitution. The bond proceedings may contain a covenant that, in	5936
the event the pledged receipts primarily pledged and required to	5937
be used for the payment of bond service charges on obligations	5938
issued under this section, and for the establishment and	5939
maintenance of any reserves, as provided in the bond proceedings,	5940
are insufficient to make any such payment in full when due, or to	5941
maintain any such reserve, the director of transportation shall so	5942
notify the governor, and shall determine to what extent, if any,	5943
the payment may be made or moneys may be restored to the reserves	5944
from lawfully available moneys previously appropriated for that	5945
purpose to the department of transportation. The covenant also may	5946
provide that if the payments are not made or the moneys are not	5947
immediately and fully restored to the reserves from such moneys,	5948
the director shall promptly submit to the governor and to the	5949
director of budget and management a written request for either or	5950
both of the following:	5951

(a) That the next biennial budget submitted by the governor	5952
to the general assembly include an amount to be appropriated from	5953
lawfully available moneys to the department for the purpose of and	5954
sufficient for the payment in full of bond service charges	5955
previously due and for the full replenishment of the reserves;	5956

(b) That the general assembly be requested to increase	5957
appropriations from lawfully available moneys for the department	5958
in the current biennium sufficient for the purpose of and for the	5959
payment in full of bond service charges previously due and to come	5960
due in the biennium and for the full replenishment of the	5961
reserves.	5962

The director of transportation shall include with such	5963
requests a recommendation that the payment of the bond service	5964
charges and the replenishment of the reserves be made in the	5965
interest of maximizing the benefits of the state infrastructure	5966
bank. Any such covenant shall not obligate or purport to obligate	5967
the state to pay the bond service charges on such bonds or notes	5968
or to deposit moneys in a reserve established for such payments	5969
other than from moneys that may be lawfully available and	5970
appropriated for that purpose during the then-current biennium.	5971

(R) There is hereby created the state infrastructure bank	5972
revenue bond service fund, which shall be in the custody of the	5973
treasurer of state but shall not be a part of the state treasury.	5974
All moneys received by or on account of the issuing authority or	5975
state agencies and required by the applicable bond proceedings,	5976
consistent with this section, to be deposited, transferred, or	5977
credited to the bond service fund, and all other moneys	5978
transferred or allocated to or received for the purposes of the	5979
fund, shall be deposited and credited to such fund and to any	5980
separate accounts therein, subject to applicable provisions of the	5981
bond proceedings, but without necessity for any act of	5982
appropriation. The state infrastructure bank revenue bond service	5983
fund is a trust fund and is hereby pledged to the payment of bond	5984
service charges to the extent provided in the applicable bond	5985
proceedings, and payment thereof from such fund shall be made or	5986
provided for by the treasurer of state in accordance with such	5987
bond proceedings without necessity for any act of appropriation.	5988

(S) The obligations issued pursuant to this section, the	5989
transfer thereof, and the income therefrom, including any profit	5990
made on the sale thereof, shall at all times be free from taxation	5991
within this state.	5992

Sec. 5537.16.  (A) The Ohio turnpike commission may adopt	5993
such bylaws and rules as it considers advisable for the control	5994
and regulation of traffic on any turnpike project, for the	5995
protection and preservation of property under its jurisdiction and	5996
control, and for the maintenance and preservation of good order	5997
within the property under its control. The rules of the commission	5998
with respect to the speed, axle loads, vehicle loads, and vehicle	5999
dimensions of vehicles on turnpike projects, including the	6000
issuance of a special permit by the commission to allow the	6001
operation on any turnpike project of a motor vehicle transporting	6002
two or fewer steel coils, shall apply notwithstanding sections	6003
4511.21 to 4511.24, 4513.34, and Chapter 5577. of the Revised	6004
Code. Such bylaws and rules shall be published in a newspaper of	6005
general circulation in Franklin county, and in such other manner	6006
as the commission prescribes.	6007

(B) Such rules shall provide that public police officers	6008
shall be afforded ready access, while in the performance of their	6009
official duty, to all property under the jurisdiction of the	6010
commission and without the payment of tolls.	6011

(C) No person shall violate any such bylaws or rules of the	6012
commission. All fines collected for the violation of applicable	6013
laws of the state and the bylaws and rules of the commission or	6014
moneys arising from bonds forfeited for such violation shall be	6015
disposed of in accordance with section 5503.04 of the Revised	6016
Code.	6017

Sec. 5537.17.  (A) Each turnpike project open to traffic	6018
shall be maintained and kept in good condition and repair by the	6019
Ohio turnpike commission. The Ohio turnpike system shall be	6020
policed and operated by a force of police, toll collectors, and	6021
other employees and agents that the commission employs or	6022
contracts for.	6023

(B) All public or private property damaged or destroyed in	6024
carrying out the powers granted by this chapter shall be restored	6025
or repaired and placed in its original condition, as nearly as	6026
practicable, or adequate compensation or consideration made	6027
therefor out of moneys provided under this chapter.	6028

(C) All governmental agencies may lease, lend, grant, or	6029
convey to the commission at its request, upon terms that the	6030
proper authorities of the governmental agencies consider	6031
reasonable and fair and without the necessity for an	6032
advertisement, order of court, or other action or formality, other	6033
than the regular and formal action of the authorities concerned,	6034
any property that is necessary or convenient to the effectuation	6035
of the purposes of the commission, including public roads and	6036
other property already devoted to public use.	6037

(D) Each bridge constituting part of a turnpike project shall	6038
be inspected at least once each year by a professional engineer	6039
employed or retained by the commission.	6040

(E) On or before the first day of AprilJuly in each year,	6041
the commission shall make an annual report of its activities for	6042
the preceding calendar year to the governor and the general	6043
assembly. Each such report shall set forth a complete operating	6044
and financial statement covering the commission's operations	6045
during the year. The commission shall cause an audit of its books	6046
and accounts to be made at least once each year by certified	6047
public accountants, and the cost thereof may be treated as a part	6048
of the cost of operations of the commission. The auditor of state,	6049
at least once a year and without previous notice to the	6050
commission, shall audit the accounts and transactions of the	6051
commission.	6052

(F) The commission shall submit a copy of its annual audit by	6053
the auditor of state and its proposed annual budget for each	6054
calendar or fiscal year to the governor, the presiding officers of	6055
each house of the general assembly, the director of budget and	6056
management, and the legislative budget office of the legislative	6057
service commission no later than the first day of that calendar or	6058
fiscal year.	6059

Sec. 5543.02.  The county engineer shall report to the board	6060
of county commissioners, on or before the first day of AprilJune	6061
in each year, the condition of the county roads, bridges, and	6062
culverts, and estimate the probable amount of funds required to	6063
maintain and repair or to construct any new roads, bridges, or	6064
culverts required within the county.	6065

The engineer shall, on or before the first day of AprilJune	6066
in each year, shall make an annual estimate for the board of	6067
township trustees of each township, setting forth the amount	6068
required by the township for the construction, reconstruction,	6069
resurfacing, or improvement of the public roads within their	6070
jurisdiction. Such estimates shall relate to the year beginning on	6071
the first day of March next ensuing, and shall be for the	6072
information of the board of county commissioners and board of	6073
township trustees, in the making of their annual levies.	6074

The engineer shall approve all estimates which are paid from	6075
county funds for the construction, improvement, maintenance, and	6076
repair of roads and bridges by the county. HeThe engineer shall	6077
approve all estimates which are paid from township funds for the	6078
construction, reconstruction, resurfacing, or improving of roads	6079
under sections 5571.01, 5571.06, 5571.07, 5571.15, and 5573.01 to	6080
5573.09 of the Revised Code. HeThe engineer shall also approve	6081
all estimates which are paid from the funds of a road district for	6082
the construction, reconstruction, resurfacing, or improvement of	6083
the roads thereof under section 5573.21 of the Revised Code.	6084

For the construction or repair of a bridge, the entire cost	6085
of which construction or repair exceeds fifty thousand dollars,	6086
the county engineer may request the director of transportation to	6087
review and comment on the plans for conformance with state and	6088
federal requirements. If so requested, the director shall review	6089
and comment on the plans.	6090

Sec. 5735.05.  (A) To provide revenue for maintaining the	6091
state highway system; to widen existing surfaces on such highways;	6092
to resurface such highways; to pay that portion of the	6093
construction cost of a highway project which a county, township,	6094
or municipal corporation normally would be required to pay, but	6095
which the director of transportation, pursuant to division (B) of	6096
section 5531.08 of the Revised Code, determines instead will be	6097
paid from moneys in the highway operating fund; to enable the	6098
counties of the state properly to plan, maintain, and repair their	6099
roads and to pay principal, interest, and charges on bonds and	6100
other obligations issued pursuant to Chapter 133. of the Revised	6101
Code or incurred pursuant to section 5531.09 of the Revised Code	6102
for highway improvements; to enable the municipal corporations to	6103
plan, construct, reconstruct, repave, widen, maintain, repair,	6104
clear, and clean public highways, roads, and streets, and to pay	6105
the principal, interest, and charges on bonds and other	6106
obligations issued pursuant to Chapter 133. of the Revised Code or	6107
incurred pursuant to section 5531.09 of the Revised Code for	6108
highway improvements; to enable the Ohio turnpike commission to	6109
construct, reconstruct, maintain, and repair turnpike projects; to	6110
maintain and repair bridges and viaducts; to purchase, erect, and	6111
maintain street and traffic signs and markers; to purchase, erect,	6112
and maintain traffic lights and signals; to pay the costs	6113
apportioned to the public under sections 4907.47 and 4907.471 of	6114
the Revised Code and to supplement revenue already available for	6115
such purposes; to pay the costs incurred by the public utilities	6116
commission in administering sections 4907.47 to 4907.476 of the	6117
Revised Code; to distribute equitably among those persons using	6118
the privilege of driving motor vehicles upon such highways and	6119
streets the cost of maintaining and repairing them; to pay the	6120
interest, principal, and charges on highway capital improvements	6121
bonds and other obligations issued pursuant to Section 2m of	6122
Article VIII, Ohio Constitution, and section 151.06 of the Revised	6123
Code; to pay the interest, principal, and charges on highway	6124
obligations issued pursuant to Section 2i of Article VIII, Ohio	6125
Constitution, and sections 5528.30 and 5528.31 of the Revised	6126
Code; to provide revenue for the purposes of sections 1547.71 to	6127
1547.78 of the Revised Code; and to pay the expenses of the	6128
department of taxation incident to the administration of the motor	6129
fuel laws, a motor fuel excise tax is hereby imposed on all motor	6130
fuel dealers upon receipt of motor fuel within this state at the	6131
rate of two cents plus the cents per gallon rate on each gallon so	6132
received, to be computed in the manner set forth in section	6133
5735.06 of the Revised Code; provided that no tax is hereby	6134
imposed upon the following transactions:	6135

(1) The sale of dyed diesel fuel by a licensed motor fuel	6136
dealer from a location other than a retail service station	6137
provided the licensed motor fuel dealer places on the face of the	6138
delivery document or invoice, or both if both are used, a	6139
conspicuous notice stating that the fuel is dyed and is not for	6140
taxable use, and that taxable use of that fuel is subject to a	6141
penalty. The tax commissioner, by rule, may provide that any	6142
notice conforming to rules or regulations issued by the United	6143
States department of the treasury or the Internal Revenue Service	6144
is sufficient notice for the purposes of division (A)(1) of this	6145
section.	6146

(2) The sale of K-1 kerosene to a retail service station,	6147
except when placed directly in the fuel supply tank of a motor	6148
vehicle. Such sale shall be rebuttably presumed to not be	6149
distributed or sold for use or used to generate power for the	6150
operation of motor vehicles upon the public highways or upon the	6151
waters within the boundaries of this state.	6152

(3) The sale of motor fuel by a licensed motor fuel dealer to	6153
another licensed motor fuel dealer;	6154

(4) The exportation of motor fuel by a licensed motor fuel	6155
dealer from this state to any other state or foreign country;	6156

(5) The sale of motor fuel to the United States government or	6157
any of its agencies, except such tax as is permitted by it, where	6158
such sale is evidenced by an exemption certificate, in a form	6159
approved by the tax commissioner, executed by the United States	6160
government or an agency thereof certifying that the motor fuel	6161
therein identified has been purchased for the exclusive use of the	6162
United States government or its agency;	6163

(6) The sale of motor fuel that is in the process of	6164
transportation in foreign or interstate commerce, except insofar	6165
as it may be taxable under the Constitution and statutes of the	6166
United States, and except as may be agreed upon in writing by the	6167
dealer and the commissioner;	6168

(7) The sale of motor fuel when sold exclusively for use in	6169
the operation of aircraft, where such sale is evidenced by an	6170
exemption certificate prescribed by the commissioner and executed	6171
by the purchaser certifying that the motor fuel purchased has been	6172
purchased for exclusive use in the operation of aircraft;	6173

(8) The sale for exportation of motor fuel by a licensed	6174
motor fuel dealer to a licensed exporter type A;	6175

(9) The sale for exportation of motor fuel by a licensed	6176
motor fuel dealer to a licensed exporter type B, provided that the	6177
destination state motor fuel tax has been paid or will be accrued	6178
and paid by the licensed motor fuel dealer.	6179

(10) The sale to a consumer of diesel fuel, by a motor fuel	6180
dealer for delivery from a bulk lot vehicle, for consumption in	6181
operating a vessel when the use of such fuel in a vessel would	6182
otherwise qualify for a refund under section 5735.14 of the	6183
Revised Code.	6184

Division (A)(1) of this section does not apply to the sale or	6185
distribution of dyed diesel fuel used to operate a motor vehicle	6186
on the public highways or upon water within the boundaries of this	6187
state by persons permitted under regulations of the United States	6188
department of the treasury or of the Internal Revenue Service to	6189
so use dyed diesel fuel.	6190

(B) The two cent motor fuel tax levied by this section is	6191
also for the purpose of paying the expenses of administering and	6192
enforcing the state law relating to the registration and operation	6193
of motor vehicles.	6194

(C) After the tax provided for by this section on the receipt	6195
of any motor fuel has been paid by the motor fuel dealer, the	6196
motor fuel may thereafter be used, sold, or resold by any person	6197
having lawful title to it, without incurring liability for such	6198
tax.	6199

If a licensed motor fuel dealer sells motor fuel received by	6200
the licensed motor fuel dealer to another licensed motor fuel	6201
dealer, the seller may deduct on the report required by section	6202
5735.06 of the Revised Code the number of gallons so sold for the	6203
month within which the motor fuel was sold or delivered. In this	6204
event the number of gallons is deemed to have been received by the	6205
purchaser, who shall report and pay the tax imposed thereon.	6206

Sec. 5735.23.  (A) Out of receipts from the tax levied by	6207
section 5735.05 of the Revised Code, the treasurer of state shall	6208
place to the credit of the tax refund fund established by section	6209
5703.052 of the Revised Code amounts equal to the refunds	6210
certified by the tax commissioner pursuant to sections 5735.13,	6211
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	6212
treasurer of state shall then transfer the amount required by	6213
section 5735.051 of the Revised Code to the waterways safety fund,	6214
the amount required by section 4907.472 of the Revised Code to the	6215
grade crossing protection fund, and the amount required by section	6216
5735.053 of the Revised Code to the motor fuel tax administration	6217
fund.	6218

(B) Except as provided in division (D) of this section, each	6219
month the balance of the receipts from the tax levied by section	6220
5735.05 of the Revised Code shall be credited, after receipt by	6221
the treasurer of state of certification from the commissioners of	6222
the sinking fund, as required by section 5528.35 of the Revised	6223
Code, that there are sufficient moneys to the credit of the	6224
highway obligations bond retirement fund to meet in full all	6225
payments of interest, principal, and charges for the retirement of	6226
highway obligations issued pursuant to Section 2i of Article VIII,	6227
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	6228
Code due and payable during the current calendar year, as follows:	6229

(1) To the state and local government highway distribution	6230
fund, which is hereby created in the state treasury, an amount	6231
that is the same percentage of the balance to be credited as that	6232
portion of the tax per gallon determined under division (B)(2)(a)	6233
of section 5735.06 of the Revised Code is of the total tax per	6234
gallon determined under divisions (B)(2)(a) and (b) of that	6235
section.	6236

(2) After making the distribution to the state and local	6237
government highway distribution fund, the remainder shall be	6238
credited as follows:	6239

(a) Thirty per cent to the gasoline excise tax fund for	6240
distribution pursuant to division (A)(1) of section 5735.27 of the	6241
Revised Code;	6242

(b) Twenty-five per cent to the gasoline excise tax fund for	6243
distribution pursuant to division (A)(3) of section 5735.27 of the	6244
Revised Code;	6245

(c) Except as provided in division (D) of this section,	6246
forty-five per cent to the highway operating fund for distribution	6247
pursuant to division (B)(1) of section 5735.27 of the Revised	6248
Code.	6249

(C) From the balance in the state and local government	6250
highway distribution fund on the last day of each month there	6251
shall be paid the following amounts:	6252

(1) To the local transportation improvement program fund	6253
created by section 164.14 of the Revised Code, an amount equal to	6254
a fraction of the balance in the state and local government	6255
highway distribution fund, the numerator of which fraction is one	6256
and the denominator of which fraction is that portion of the tax	6257
per gallon determined under division (B)(2)(a) of section 5735.06	6258
of the Revised Code;	6259

(2) An amount equal to five cents multiplied by the number of	6260
gallons of motor fuel sold at stations operated by the Ohio	6261
turnpike commission, such gallonage to be certified by the	6262
commission to the treasurer of state not later than the last day	6263
of the month following. The funds paid to the commission pursuant	6264
to this section shall be expended for the construction,	6265
reconstruction, maintenance, and repair of turnpike projects,	6266
except that the funds may not be expended for the construction of	6267
new interchanges. The funds also may be expended for the	6268
construction, reconstruction, maintenance, and repair of those	6269
portions of connecting public roads that serve existing	6270
interchanges and are determined by the commission and the director	6271
of transportation to be necessary for the safe merging of traffic	6272
between the turnpike and those public roads.	6273

The remainder of the balance shall be distributed as follows	6274
on the fifteenth day of the following month:	6275

(a) Ten and seven-tenths per cent shall be paid to municipal	6276
corporations for distribution pursuant to division (A)(1) of	6277
section 5735.27 of the Revised Code and may be used for any	6278
purpose for which payments received under that division may be	6279
used. Beginning August 15, 2004Through July 15, 2005, the sum of	6280
two hundred forty-eight thousand six hundred twenty-five dollars	6281
shall be monthly subtracted from the amount so computed and	6282
credited to the highway operating fund. Beginning August 15, 2005,	6283
the sum of seven hundred forty-five thousand eight hundred	6284
seventy-five dollars shall be monthly subtracted from the amount	6285
so computed and credited to the highway operating fund.	6286

(b) Five per cent shall be paid to townships for distribution	6287
pursuant to division (A)(5) of section 5735.27 of the Revised Code	6288
and may be used for any purpose for which payments received under	6289
that division may be used. Beginning August 15, 2004Through July	6290
15, 2005, the sum of eighty-seven thousand seven hundred fifty	6291
dollars shall be monthly subtracted from the amount so computed	6292
and credited to the highway operating fund. Beginning August 15,	6293
2005, the sum of two hundred sixty-three thousand two hundred	6294
fifty dollars shall be monthly subtracted from the amount so	6295
computed and credited to the highway operating fund.	6296

(c) Nine and three-tenths per cent shall be paid to counties	6297
for distribution pursuant to division (A)(3) of section 5735.27 of	6298
the Revised Code and may be used for any purpose for which	6299
payments received under that division may be used. Beginning	6300
August 15, 2004Through July 15, 2005, the sum of two hundred	6301
forty-eight thousand six hundred twenty-five dollars shall be	6302
monthly subtracted from the amount so computed and credited to the	6303
highway operating fund. Beginning August 15, 2005, the sum of	6304
seven hundred forty-five thousand eight hundred seventy-five	6305
dollars shall be monthly subtracted from the amount so computed	6306
and credited to the highway operating fund.	6307

(d) Except as provided in division (D) of this section, the	6308
balance shall be transferred to the highway operating fund and	6309
used for the purposes set forth in division (B)(1) of section	6310
5735.27 of the Revised Code.	6311

(D) Beginning on the first day ofMonthly from September to	6312
February of each fiscal year, anyan amount equal to one-sixth of	6313
the amount certified in July of that year by the treasurer of	6314
state pursuant to division (Q) of section 151.01 of the Revised	6315
Code shall, from amounts required to be credited or transferred to	6316
the highway operating fund pursuant to division (B)(2)(c) or	6317
(C)(2)(d) of this section shall, be credited or transferred to the	6318
highway capital improvement bond service fund created in section	6319
151.06 of the Revised Code. If, in any of those months, the amount	6320
available to be credited or transferred to the bond service fund	6321
is less than one-sixth of the amount so certified, the shortfall	6322
shall be added to the amount due the next succeeding month. Any	6323
amount still due at the end of the six-month period shall be	6324
credited or transferred as the money becomes available, until such	6325
time as the office of budget and management receives certification	6326
from the treasurer of state or the treasurer of state's designee	6327
that sufficient money has been credited or transferred to the bond	6328
service fund to meet in full all payments of debt service and	6329
financing costs due during the fiscal year from that fund.	6330

Sec. 5735.25.  To provide revenue for supplying the state's	6331
share of the cost of planning, constructing, widening, and	6332
reconstructing the state highways; for supplying the state's share	6333
of the cost of eliminating railway grade crossings upon such	6334
highways; to pay that portion of the construction cost of a	6335
highway project which a county, township, or municipal corporation	6336
normally would be required to pay, but which the director of	6337
transportation, pursuant to division (B) of section 5531.08 of the	6338
Revised Code, determines instead will be paid from moneys in the	6339
highway operating fund; to enable the counties and townships of	6340
the state to properly plan, construct, widen, reconstruct, and	6341
maintain their public highways, roads, and streets; to enable	6342
counties to pay principal, interest, and charges on bonds and	6343
other obligations issued pursuant to Chapter 133. of the Revised	6344
Code or incurred pursuant to section 5531.09 of the Revised Code	6345
for highway improvements; to enable municipal corporations to	6346
plan, construct, reconstruct, repave, widen, maintain, repair,	6347
clear, and clean public highways, roads, and streets; to enable	6348
municipal corporations to pay the principal, interest, and charges	6349
on bonds and other obligations issued pursuant to Chapter 133. of	6350
the Revised Code or incurred pursuant to section 5531.09 of the	6351
Revised Code for highway improvements; to maintain and repair	6352
bridges and viaducts; to purchase, erect, and maintain street and	6353
traffic signs and markers; to purchase, erect, and maintain	6354
traffic lights and signals; to pay the costs apportioned to the	6355
public under section 4907.47 of the Revised Code; to provide	6356
revenue for the purposes of sections 1547.71 to 1547.78 of the	6357
Revised Code and to supplement revenue already available for such	6358
purposes; to pay the expenses of the department of taxation	6359
incident to the administration of the motor fuel laws, to	6360
supplement revenue already available for such purposes, to pay the	6361
interest, principal, and charges on bonds and other obligations	6362
issued pursuant to Section 2g of Article VIII, Ohio Constitution,	6363
and sections 5528.10 and 5528.11 of the Revised Code; and to pay	6364
the interest, principal, and charges on highway obligations issued	6365
pursuant to Section 2i of Article VIII, Ohio Constitution, and	6366
sections 5528.30 and 5528.31 of the Revised Code, a motor fuel	6367
excise tax is hereby imposed on all motor fuel dealers upon their	6368
receipt of motor fuel within this state, at the rate of two cents	6369
per gallon on each gallon so received. This tax is subject to the	6370
specific exemptions set forth in this chapter of the Revised Code.	6371
It shall be reported, computed, paid, collected, administered,	6372
enforced, and refunded, and the failure properly and correctly to	6373
report and pay the tax shall be penalized, in exactly the same	6374
manner as is provided in this chapter. Such sections relating to	6375
motor fuel excise taxes are reenacted and incorporated as if	6376
specifically set forth in this section. The tax levied by this	6377
section shall be in addition to the tax imposed under this	6378
chapter.	6379

Sec. 5735.27.  (A) There is hereby created in the state	6380
treasury the gasoline excise tax fund, which shall be distributed	6381
in the following manner:	6382

(1) The amount credited pursuant to divisions (B)(2)(a) and	6383
(C)(2)(a) of section 5735.23 of the Revised Code shall be	6384
distributed among municipal corporations. The amount paid to each	6385
municipal corporation shall be that proportion of the amount to be	6386
so distributed that the number of motor vehicles registered within	6387
such municipal corporation bears to the total number of motor	6388
vehicles registered within all the municipal corporations of this	6389
state during the preceding motor vehicle registration year. When a	6390
new village is incorporated, the registrar of motor vehicles shall	6391
determine from the applications on file in the bureau of motor	6392
vehicles the number of motor vehicles located within the territory	6393
comprising the village during the entire registration year in	6394
which such municipal corporation was incorporated. The registrar	6395
shall forthwith certify the number of motor vehicles so determined	6396
to the tax commissioner for use in distributing motor vehicle fuel	6397
tax funds to such village until such village is qualified to	6398
participate in the distribution of such funds pursuant to this	6399
division. The number of such motor vehicle registrations shall be	6400
determined by the official records of the bureau of motor	6401
vehicles. The amount received by each municipal corporation shall	6402
be used to plan, construct, reconstruct, repave, widen, maintain,	6403
repair, clear, and clean public highways, roads, and streets; to	6404
maintain and repair bridges and viaducts; to purchase, erect, and	6405
maintain street and traffic signs and markers; to pay the costs	6406
apportioned to the municipal corporation under section 4907.47 of	6407
the Revised Code; to purchase, erect, and maintain traffic lights	6408
and signals; to pay the principal, interest, and charges on bonds	6409
and other obligations issued pursuant to Chapter 133. of the	6410
Revised Code or incurred pursuant to section 5531.09 of the	6411
Revised Code for the purpose of acquiring or constructing roads,	6412
highways, bridges, or viaducts or acquiring or making other	6413
highway improvements for which the municipal corporation may issue	6414
bonds; and to supplement revenue already available for such	6415
purposes.	6416

(2) The amount credited pursuant to division (B) of section	6417
5735.26 of the Revised Code shall be distributed among the	6418
municipal corporations within the state, in the proportion which	6419
the number of motor vehicles registered within each municipal	6420
corporation bears to the total number of motor vehicles registered	6421
within all the municipal corporations of the state during the	6422
preceding calendar year, as shown by the official records of the	6423
bureau of motor vehicles, and shall be expended by each municipal	6424
corporation to plan, construct, reconstruct, repave, widen,	6425
maintain, repair, clear, and clean public highways, roads and	6426
streets; to maintain and repair bridges and viaducts; to purchase,	6427
erect, and maintain street and traffic signs and markers; to	6428
purchase, erect, and maintain traffic lights and signals; to pay	6429
costs apportioned to the municipal corporation under section	6430
4907.47 of the Revised Code; to pay the principal, interest, and	6431
charges on bonds and other obligations issued pursuant to Chapter	6432
133. of the Revised Code or incurred pursuant to section 5531.09	6433
of the Revised Code for the purpose of acquiring or constructing	6434
roads, highways, bridges, or viaducts or acquiring or making other	6435
highway improvements for which the municipal corporation may issue	6436
bonds; and to supplement revenue already available for such	6437
purposes.	6438

(3) The amount credited pursuant to divisions (B)(2)(b) and	6439
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	6440
equal proportions to the county treasurer of each county within	6441
the state and shall be used only for the purposes of planning,	6442
maintaining, and repairing the county system of public roads and	6443
highways within such county; the planning, construction, and	6444
repair of walks or paths along county roads in congested areas;	6445
the planning, construction, purchase, lease, and maintenance of	6446
suitable buildings for the housing and repair of county road	6447
machinery, housing of supplies, and housing of personnel	6448
associated with the machinery and supplies; the payment of costs	6449
apportioned to the county under section 4907.47 of the Revised	6450
Code; the payment of principal, interest, and charges on bonds and	6451
other obligations issued pursuant to Chapter 133. of the Revised	6452
Code or incurred pursuant to section 5531.09 of the Revised Code	6453
for the purpose of acquiring or constructing roads, highways,	6454
bridges, or viaducts or acquiring or making other highway	6455
improvements for which the board of county commissioners may issue	6456
bonds under that chapter; and the purchase, installation, and	6457
maintenance of traffic signal lights.	6458

(4) The amount credited pursuant to division (C) of section	6459
5735.26 of the Revised Code shall be paid in equal proportions to	6460
the county treasurer of each county for the purposes of planning,	6461
maintaining, constructing, widening, and reconstructing the county	6462
system of public roads and highways; paying principal, interest,	6463
and charges on bonds and other obligations issued pursuant to	6464
Chapter 133. of the Revised Code or incurred pursuant to section	6465
5531.09 of the Revised Code for the purpose of acquiring or	6466
constructing roads, highways, bridges, or viaducts or acquiring or	6467
making other highway improvements for which the board of county	6468
commissioners may issue bonds under such chapter; and paying costs	6469
apportioned to the county under section 4907.47 of the Revised	6470
Code.	6471

(5)(a) The amount credited pursuant to division (D) of	6472
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	6473
Revised Code shall be divided in equal proportions among the	6474
townships within the state.	6475

(b) As used in division (A)(5)(b) of this section, the	6476
"formula amount" for any township is the amount that would be	6477
allocated to that township if fifty per cent of the amount	6478
credited to townships pursuant to section 5735.291 of the Revised	6479
Code were allocated among townships in the state proportionate to	6480
the number of lane miles within the boundaries of the respective	6481
townships, as determined annually by the department of	6482
transportation, and the other fifty per cent of the amount	6483
credited pursuant to section 5735.291 of the Revised Code were	6484
allocated among townships in the state proportionate to the number	6485
of motor vehicles registered within the respective townships, as	6486
determined annually by the records of the bureau of motor	6487
vehicles.	6488

Beginning on August 15, 2003, the tax levied by section	6489
5735.29 of the Revised Code shall be partially allocated to	6490
provide funding for townships. Each township shall receive the	6491
greater of the following two calculations:	6492

(i) The total statewide amount credited to townships under	6493
division (A) of section 5735.291 of the Revised Code divided by	6494
the number of townships in the state at the time of the	6495
calculation;	6496

(ii) Seventy per cent of the formula amount for that	6497
township.	6498

(c) The total difference between the amount of money credited	6499
to townships under division (A) of section 5735.291 of the Revised	6500
Code and the total amount of money required to make all the	6501
payments specified in division (A)(5)(b) of this section shall be	6502
deducted, in accordance with division (B) of section 5735.291 of	6503
the Revised Code, from the revenues resulting from the tax levied	6504
pursuant to section 5735.29 of the Revised Code prior to crediting	6505
portions of such revenues to counties, municipal corporations, and	6506
the highway operating fund.	6507

(d) All amounts credited pursuant to divisions (a) and (b) of	6508
this section shall be paid to the county treasurer of each county	6509
for the total amount payable to the townships within each of the	6510
counties. The county treasurer shall pay to each township within	6511
the county its proportional share of the funds, which shall be	6512
expended by each township for the sole purpose of planning,	6513
constructing, maintaining, widening, and reconstructing the public	6514
roads and highways within such township, and paying costs	6515
apportioned to the township under section 4907.47 of the Revised	6516
Code.	6517

No part of the funds shall be used for any purpose except to	6518
pay in whole or part the contract price of any such work done by	6519
contract, or to pay the cost of labor in planning, constructing,	6520
widening, and reconstructing such roads and highways, and the cost	6521
of materials forming a part of the improvement; provided, that	6522
such funds may be used for the purchase of road machinery and	6523
equipment and for the planning, construction, and maintenance of	6524
suitable buildings for housing road machinery and equipment, and	6525
that all such improvement of roads shall be under supervision and	6526
direction of the county engineer as provided in section 5575.07 of	6527
the Revised Code. No obligation against such funds shall be	6528
incurred unless plans and specifications for such improvement,	6529
approved by the county engineer, are on file in the office of the	6530
township clerk, and all contracts for material and for work done	6531
by contract shall be approved by the county engineer before being	6532
signed by the board of township trustees. The board of township	6533
trustees of any township may pass a resolution permitting the	6534
board of county commissioners to expend such township's share of	6535
the funds, or any portion thereof, for the improvement of such	6536
roads within the township as may be designated in the resolution.	6537

All investment earnings of the fund shall be credited to the	6538
fund.	6539

(B) Amounts credited to the highway operating fund pursuant	6540
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	6541
division (A) of section 5735.26 of the Revised Code shall be	6542
expended in the following manner:	6543

(1) The amount credited pursuant to divisions (B)(2)(c) and	6544
(C)(2)(d) of section 5735.23 of the Revised Code shall be	6545
apportioned to and expended by the department of transportation	6546
for the purposes of planning, maintaining, repairing, and keeping	6547
in passable condition for travel the roads and highways of the	6548
state required by law to be maintained by the department; paying	6549
the costs apportioned to the state under section 4907.47 of the	6550
Revised Code; paying that portion of the construction cost of a	6551
highway project which a county, township, or municipal corporation	6552
normally would be required to pay, but which the director of	6553
transportation, pursuant to division (B) of section 5531.08 of the	6554
Revised Code, determines instead will be paid from moneys in the	6555
highway operating fund; and paying the costs of the department of	6556
public safety in administering and enforcing the state law	6557
relating to the registration and operation of motor vehicles.	6558

(2) The amount credited pursuant to division (A) of section	6559
5735.26 of the Revised Code shall be used for paying the state's	6560
share of the cost of planning, constructing, widening,	6561
maintaining, and reconstructing the state highways; paying that	6562
portion of the construction cost of a highway project which a	6563
county, township, or municipal corporation normally would be	6564
required to pay, but which the director of transportation,	6565
pursuant to division (B) of section 5531.08 of the Revised Code,	6566
determines instead will be paid from moneys in the highway	6567
operating fund; and also for supplying the state's share of the	6568
cost of eliminating railway grade crossings upon such highways and	6569
costs apportioned to the state under section 4907.47 of the	6570
Revised Code. The director of transportation may expend portions	6571
of such amount upon extensions of state highways within municipal	6572
corporations or upon portions of state highways within municipal	6573
corporations, as is provided by law.	6574

Sec. 5735.28.  Wherever a municipal corporation is on the	6575
line of the state highway system as designated by the director of	6576
transportation as an extension or continuance of the state highway	6577
system, seven and one-half per cent of the amount paid to any	6578
municipal corporation pursuant to sections 4501.04, 5735.23, and	6579
5735.27 of the Revised Code shall be used by it only to construct,	6580
reconstruct, repave, widen, maintain, and repair such highways, to	6581
purchase, erect, and maintain traffic lights and signals, and to	6582
erect and maintain street and traffic signs and markers on such	6583
highways, or to pay principal, interest, and charges on bonds and	6584
other obligations issued pursuant to Chapter 133. of the Revised	6585
Code or incurred pursuant to section 5531.09 of the Revised Code	6586
for such purposes.	6587

Sec. 5735.29.  To provide revenue for supplying the state's	6588
share of the cost of constructing, widening, maintaining, and	6589
reconstructing the state highways; to maintain and repair bridges	6590
and viaducts; to purchase, erect, and maintain street and traffic	6591
signs and markers; to purchase, erect, and maintain traffic lights	6592
and signals; to pay the expense of administering and enforcing the	6593
state law relative to the registration and operation of motor	6594
vehicles; to make road improvements associated with retaining or	6595
attracting business for this state, to pay that portion of the	6596
construction cost of a highway project which a county, township,	6597
or municipal corporation normally would be required to pay, but	6598
which the director of transportation, pursuant to division (B) of	6599
section 5531.08 of the Revised Code, determines instead will be	6600
paid from moneys in the highway operating fund; to provide revenue	6601
for the purposes of sections 1547.71 to 1547.78 of the Revised	6602
Code; and to supplement revenue already available for such	6603
purposes, to pay the expenses of the department of taxation	6604
incident to the administration of the motor fuel laws, to	6605
supplement revenue already available for such purposes; and to pay	6606
the interest, principal, and charges on highway obligations issued	6607
pursuant to Section 2i of Article VIII, Ohio Constitution, and	6608
sections 5528.30 and 5528.31 of the Revised Code; to enable the	6609
counties and townships of the state to properly plan, construct,	6610
widen, reconstruct, and maintain their public highways, roads, and	6611
streets; to enable counties to pay principal, interest, and	6612
charges on bonds and other obligations issued pursuant to Chapter	6613
133. of the Revised Code or incurred pursuant to section 5531.09	6614
of the Revised Code for highway improvements; to enable municipal	6615
corporations to plan, construct, reconstruct, repave, widen,	6616
maintain, repair, clear, and clean public highways, roads, and	6617
streets; to enable municipal corporations to pay the principal,	6618
interest, and charges on bonds and other obligations issued	6619
pursuant to Chapter 133. of the Revised Code or incurred pursuant	6620
to section 5531.09 of the Revised Code for highway improvements;	6621
and to pay the costs apportioned to the public under section	6622
4907.47 of the Revised Code, a motor fuel excise tax is hereby	6623
imposed on all motor fuel dealers upon their receipt of motor fuel	6624
within the state at the rate of two cents on each gallon so	6625
received; provided, that effective July 1, 2003, the motor fuel	6626
excise tax imposed by this section shall be at the rate of four	6627
cents on each gallon so received; effective July 1, 2004, the	6628
motor fuel excise tax imposed by this section shall be at the rate	6629
of six cents on each gallon so received; and, subject to section	6630
5735.292 of the Revised Code, effective July 1, 2005, the motor	6631
fuel excise tax imposed by this section shall be at the rate of	6632
eight cents on each gallon so received. This tax is subject to the	6633
specific exemptions set forth in this chapter of the Revised Code.	6634
It shall be reported, computed, paid, collected, administered,	6635
enforced, and refunded, and the failure properly and correctly to	6636
report and pay the tax shall be penalized, in exactly the same	6637
manner as is provided in this chapter. Such sections relating to	6638
motor fuel excise taxes are reenacted and incorporated as if	6639
specifically set forth in this section. The tax levied by this	6640
section is in addition to any other taxes imposed under this	6641
chapter.	6642

No municipal corporation, county, or township shall expend	6643
any revenues received from the tax levied by this section for any	6644
purpose other than one of the specific highway-related purposes	6645
stated in this section. In addition, each municipal corporation,	6646
county, or township shall use at least ninety per cent of all	6647
revenues received from the tax levied by this section to	6648
supplement, rather than supplant, other local funds used for	6649
highway-related purposes.	6650

Section 101.02. That existing sections 109.572, 122.14,	6651
307.12, 315.08, 315.14, 315.18, 2935.03, 4501.04, 4501.06,	6652
4501.21, 4501.26, 4503.02, 4503.103, 4503.26, 4503.40, 4503.42,	6653
4504.02, 4504.15, 4504.16, 4504.18, 4505.021, 4505.031, 4505.032,	6654
4505.06, 4505.08, 4506.01, 4506.03, 4506.05, 4506.08, 4506.09,	6655
4506.10, 4506.11, 4506.12, 4506.14, 4506.15, 4506.16, 4506.17,	6656
4506.20, 4506.23, 4506.25, 4507.02, 4508.06, 4509.27, 4511.21,	6657
4513.34, 4519.58, 4749.02, 4749.03, 4749.06, 4749.10, 5501.11,	6658
5513.04, 5525.01, 5525.10, 5525.15, 5525.25, 5531.09, 5531.10,	6659
5537.16, 5537.17, 5543.02, 5735.05, 5735.23, 5735.25, 5735.27,	6660
5735.28, and 5735.29 of the Revised Code are hereby repealed.	6661

Section 105.01. That sections        Sec. 4501.12. ,        Sec. 4501.35. ,        Sec. 4506.02. , and	6662
Sec. 4506.26.  of the Revised Code are hereby repealed.	6663

Section 200.01.  Except as otherwise provided, all	6664
appropriation items in this act are hereby appropriated out of any	6665
moneys in the state treasury to the credit of the designated fund,	6666
which are not otherwise appropriated. For all appropriations made	6667
in this act, the amounts in the first column are for fiscal year	6668
2006 and the amounts in the second column are for fiscal year	6669
2007.	6670

Section 203.03.  DOT DEPARTMENT OF TRANSPORTATION

6671

Transportation Planning and Research

6673

Highway Operating Fund Group

6674

Highway Construction

6682

Highway Operating Fund Group

6683

Highway Capital Improvement Fund Group

6696

Infrastructure Bank Obligations Fund Group

6698

Highway Maintenance

6704

Highway Operating Fund Group

6705

Public Transportation

6712

Highway Operating Fund Group

6713

Rail Transportation

6723

Highway Operating Fund Group

6724

Aviation

6730

Highway Operating Fund Group

6731

Administration

6740

Highway Operating Fund Group

6741

Debt Service

6747

Highway Operating Fund Group

6748

TOTAL Department of Transportation

6754

Section 203.03.03.  ISSUANCE OF BONDS

6763

The Treasurer of State, upon the request of the Director of	6764
Transportation, is authorized to issue and sell, in accordance	6765
with Section 2m of Article VIII, Ohio Constitution, and Chapter	6766
151. and particularly sections 151.01 and 151.06 of the Revised	6767
Code, obligations, including bonds and notes, of the State of Ohio	6768
in the aggregate amount of $360,000,000 in addition to the	6769
original issuance of obligations heretofore authorized by prior	6770
acts of the General Assembly.	6771

The obligations shall be dated, issued, and sold from time to	6772
time in such amounts as may be necessary to provide sufficient	6773
moneys to the credit of the Highway Capital Improvement Fund (Fund	6774
042) created by section 5528.53 of the Revised Code to pay costs	6775
charged to the fund when due as estimated by the Director of	6776
Transportation, provided, however, that such obligations shall be	6777
issued and sold at such time or times so that not more than	6778
$220,000,000 original principal amount of obligations, plus the	6779
principal amount of obligations that in prior fiscal years could	6780
have been, but were not, issued within the $220,000,000 limit, may	6781
be issued in any fiscal year, and not more than $1,200,000,000	6782
original principal amount of such obligations are outstanding at	6783
any one time.	6784

Section  203.03.04. MAINTENANCE INTERSTATE HIGHWAYS

6785

The Director of Transportation may remove snow and ice and	6786
maintain, repair, improve, or provide lighting upon interstate	6787
highways that are located within the boundaries of municipal	6788
corporations, adequate to meet the requirements of federal law.	6789
When agreed in writing by the Director of Transportation and the	6790
legislative authority of a municipal corporation and	6791
notwithstanding sections 125.01 and 125.11 of the Revised Code,	6792
the Department of Transportation may reimburse the municipal	6793
corporation for all or any part of the costs, as provided by such	6794
agreement, incurred by the municipal corporation in maintaining,	6795
repairing, lighting, and removing snow and ice from the interstate	6796
system.	6797

Section 203.03.06. TRANSFER OF FUND 002 APPROPRIATIONS:	6798
PLANNING AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE,	6799
RAIL, AVIATION, AND ADMINISTRATION	6800

The Director of Budget and Management may approve requests	6801
from the Department of Transportation for transfer of Fund 002	6802
appropriations for highway planning and research (appropriation	6803
items 771-411 and 771-412), highway construction (appropriation	6804
items 772-421, 772-422, and 772-424), highway maintenance	6805
(appropriation item 773-431), rail grade crossings (appropriation	6806
item 776-462), aviation (appropriation item 777-475), and	6807
administration (appropriation item 779-491). Transfers of	6808
appropriations may be made upon the written request of the	6809
Director of Transportation and with the approval of the Director	6810
of Budget and Management. The transfers shall be reported to the	6811
Controlling Board at the next regularly scheduled meeting of the	6812
board.	6813

This transfer authority is intended to provide for emergency	6814
situations and flexibility to meet unforeseen conditions that	6815
could arise during the budget period. It also is intended to allow	6816
the department to optimize the use of available resources and	6817
adjust to circumstances affecting the obligation and expenditure	6818
of federal funds.	6819

TRANSFER OF APPROPRIATIONS: FEDERAL HIGHWAY AND FEDERAL	6820
TRANSIT	6821

The Director of Budget and Management may approve written	6822
requests from the Director of Transportation for the transfer of	6823
appropriations between appropriation items 772-422, Highway	6824
Construction - Federal, and 775-452, Public Transportation -	6825
Federal, based upon transit capital projects meeting Federal	6826
Highway Administration and Federal Transit Administration funding	6827
guidelines. The transfers shall be reported to the Controlling	6828
Board at its next regularly scheduled meeting.	6829

TRANSFER OF APPROPRIATIONS: STATE INFRASTRUCTURE BANK

6830

The Director of Budget and Management may approve requests	6831
from the Department of Transportation for transfer of	6832
appropriations and cash of the Infrastructure Bank funds created	6833
in section 5531.09 of the Revised Code, including transfers	6834
between fiscal years 2006 and 2007. The transfers shall be	6835
reported to the Controlling Board at its next regularly scheduled	6836
meeting. However, the director may not make transfers out of debt	6837
service and lease payment appropriation items unless the director	6838
determines that the appropriated amounts exceed the actual and	6839
projected debt, rental, or lease payments.	6840

Should the appropriation and any reappropriations from prior	6841
years in appropriation item 770-401, Infrastructure Debt Service -	6842
Federal, and appropriation item 772-434, Infrastructure Lease	6843
Payments - Federal, exceed the actual and projected debt, rental,	6844
or lease payments for fiscal year 2006 or 2007, then prior to June	6845
30, 2007, the balance may be transferred to appropriation item	6846
772-422 upon the written request of the Director of Transportation	6847
and with the approval of the Director of Budget and Management.	6848
The transfer shall be reported to the Controlling Board at its	6849
next regularly scheduled meeting.	6850

The Director of Budget and Management may approve requests	6851
from the Department of Transportation for transfer of	6852
appropriations and cash from the Highway Operating Fund (Fund 002)	6853
to the Infrastructure Bank funds created in section 5531.09 of the	6854
Revised Code. The Director of Budget and Management may transfer	6855
from the Infrastructure Bank funds to the Highway Operating Fund	6856
up to the amounts originally transferred to the Infrastructure	6857
Bank funds under this section. However, the director may not make	6858
transfers between modes and transfers between different funding	6859
sources. The transfers shall be reported to the Controlling Board	6860
at its next regularly scheduled meeting.	6861

INCREASE APPROPRIATION AUTHORITY: STATE FUNDS

6862

In the event that receipts or unexpended balances credited to	6863
the Highway Operating Fund exceed the estimates upon which the	6864
appropriations have been made in this act, upon the request of the	6865
Director of Transportation, the Controlling Board may increase	6866
appropriation authority in the manner prescribed in section 131.35	6867
of the Revised Code.	6868

INCREASE APPROPRIATION AUTHORITY: FEDERAL AND LOCAL FUNDS

6869

In the event that receipts or unexpended balances credited to	6870
the Highway Operating Fund or apportionments or allocations made	6871
available from the federal and local government exceed the	6872
estimates upon which the appropriations have been made in this	6873
act, upon the request of the Director of Transportation, the	6874
Controlling Board may increase appropriation authority in the	6875
manner prescribed in section 131.35 of the Revised Code.	6876

REAPPROPRIATIONS

6877

All appropriations of the Highway Operating Fund (Fund 002),	6878
the Highway Capital Improvement Fund (Fund 042), and the	6879
Infrastructure Bank funds created in section 5531.09 of the	6880
Revised Code remaining unencumbered on June 30, 2005, are hereby	6881
reappropriated for the same purpose in fiscal year 2006.	6882

All appropriations of the Highway Operating Fund (Fund 002),	6883
the Highway Capital Improvement Fund (Fund 042), and the	6884
Infrastructure Bank funds created in section 5531.09 of the	6885
Revised Code remaining unencumbered on June 30, 2006, are hereby	6886
reappropriated for the same purpose in fiscal year 2007.	6887

Any balances of prior years' appropriations to the Highway	6888
Operating Fund (Fund 002), the Highway Capital Improvement Fund	6889
(Fund 042), and the Infrastructure Bank funds created in section	6890
5531.09 of the Revised Code that are unencumbered on June 30,	6891
2005, subject to the availability of revenue as determined by the	6892
Director of Transportation, are hereby reappropriated for the same	6893
purpose in fiscal year 2006 upon the request of the Director of	6894
Transportation and with the approval of the Director of Budget and	6895
Management. The reappropriations shall be reported to the	6896
Controlling Board.	6897

Any balances of prior years' appropriations to the Highway	6898
Operating Fund (Fund 002), the Highway Capital Improvement Fund	6899
(Fund 042), and the Infrastructure Bank funds created in section	6900
5531.09 of the Revised Code that are unencumbered on June 30,	6901
2006, subject to the availability of revenue as determined by the	6902
Director of Transportation, are hereby reappropriated for the same	6903
purpose in fiscal year 2007 upon the request of the Director of	6904
Transportation and with the approval of the Director of Budget and	6905
Management. The reappropriations shall be reported to the	6906
Controlling Board.	6907

Section 203.03.09.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

6908

Of the foregoing appropriation item 772-421, Highway	6909
Construction - State, $4,517,500 shall be used each fiscal year	6910
during the fiscal year 2006-2007 biennium by the Department of	6911
Transportation for the construction, reconstruction, or	6912
maintenance of public access roads, including support features, to	6913
and within state facilities owned or operated by the Department of	6914
Natural Resources, as requested by the Director of Natural	6915
Resources.	6916

Notwithstanding section 5511.06 of the Revised Code, of the	6917
foregoing appropriation item 772-421, Highway Construction -	6918
State, $2,228,000 in each fiscal year of the fiscal year 2006-2007	6919
biennium shall be used by the Department of Transportation for the	6920
construction, reconstruction, or maintenance of park drives or	6921
park roads within the boundaries of metropolitan parks.	6922

Included in the foregoing appropriation item 772-421, Highway	6923
Construction - State, the department may perform related road work	6924
on behalf of the Ohio Expositions Commission at the state	6925
fairgrounds, including reconstruction or maintenance of public	6926
access roads and support features, to and within fairground	6927
facilities as requested by the commission and approved by the	6928
Director of Transportation.	6929

LIQUIDATION OF UNFORESEEN LIABILITIES

6930

Any appropriation made to the Department of Transportation,	6931
Highway Operating Fund, not otherwise restricted by law, is	6932
available to liquidate unforeseen liabilities arising from	6933
contractual agreements of prior years when the prior year	6934
encumbrance is insufficient.	6935

Section 203.03.10.  PREVENTIVE MAINTENANCE

6936

The Department of Transportation shall contract with an	6937
independent party to issue a yearly report on the effectiveness	6938
and progress of preventive maintenance projects that meet warranty	6939
guidelines. The Department shall issue a yearly report on or	6940
before the first day of December for three consecutive years	6941
beginning in fiscal year 2005.	6942

The Department shall provide in its annual report data on	6943
actual and planned pavement preventive maintenance activities. The	6944
data shall include the following: (1) the total number of lane	6945
miles receiving preventive maintenance treatment, by treatment	6946
type and highway system category; (2) the total number of lane	6947
miles programmed to receive treatment; (3) the actual costs of the	6948
pavement preventive maintenance activities per lane mile, by	6949
treatment type and highway system category; (4) the total number	6950
of lane miles rehabilitated or reconstructed; and (5) the actual	6951
cost per lane mile of rehabilitated or reconstructed highway, by	6952
highway system category.	6953

Section 203.03.12.  RENTAL PAYMENTS - OBA

6954

The foregoing appropriation item 770-003, Administration -	6955
State - Debt Service, shall be used to pay rent to the Ohio	6956
Building Authority for various capital facilities to be	6957
constructed, reconstructed, or rehabilitated for the use of the	6958
Department of Transportation, including the department's plant and	6959
facilities at its central office, field districts, and county and	6960
outpost locations. The rental payments shall be made from revenues	6961
received from the motor vehicle fuel tax. The amounts of any bonds	6962
and notes to finance such capital facilities shall be at the	6963
request of the Director of Transportation. Notwithstanding section	6964
152.24 of the Revised Code, the Ohio Building Authority may, with	6965
approval of the Office of Budget and Management, lease capital	6966
facilities to the Department of Transportation.	6967

The Director of Transportation shall hold title to any land	6968
purchased and any resulting structures that are attributable to	6969
appropriation item 770-003. Notwithstanding section 152.18 of the	6970
Revised Code, the Director of Transportation shall administer any	6971
purchase of land and any contract for construction,	6972
reconstruction, and rehabilitation of facilities as a result of	6973
this appropriation.	6974

Should the appropriation and any reappropriations from prior	6975
years in appropriation item 770-003 exceed the rental payments for	6976
fiscal year 2006 or 2007, then prior to June 30, 2007, the balance	6977
may be transferred to appropriation item 772-421, 773-431, or	6978
779-491 upon the written request of the Director of Transportation	6979
and with the approval of the Director of Budget and Management.	6980
The transfer shall be reported to the Controlling Board at its	6981
next regularly scheduled meeting.	6982

Section 203.03.15.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE	6983
GRANTS	6984

The Director of Transportation may use revenues from the	6985
state motor vehicle fuel tax to match approved federal grants	6986
awarded to the Department of Transportation, regional transit	6987
authorities, or eligible public transportation systems, for public	6988
transportation highway purposes, or to support local or state	6989
funded projects for public transportation highway purposes. Public	6990
transportation highway purposes include: the construction or	6991
repair of high-occupancy vehicle traffic lanes, the acquisition or	6992
construction of park-and-ride facilities, the acquisition or	6993
construction of public transportation vehicle loops, the	6994
construction or repair of bridges used by public transportation	6995
vehicles or that are the responsibility of a regional transit	6996
authority or other public transportation system, or other similar	6997
construction that is designated as an eligible public	6998
transportation highway purpose. Motor vehicle fuel tax revenues	6999
may not be used for operating assistance or for the purchase of	7000
vehicles, equipment, or maintenance facilities.	7001

MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

7002

The Director of Budget and Management shall transfer cash in	7003
equal monthly increments totaling $133,424,000 in fiscal year 2006	7004
and in equal monthly increments totaling $154,009,400 in fiscal	7005
year 2007 from the Highway Operating Fund, created in section	7006
5735.291 of the Revised Code, to the Gasoline Excise Tax Fund	7007
created in division (A) of section 5735.27 of the Revised Code.	7008
The monthly amounts transferred under this section shall be	7009
distributed as follows: 42.86 per cent shall be distributed among	7010
the municipal corporations within the state under division (A)(2)	7011
of section 5735.27 of the Revised Code; 37.14 per cent shall be	7012
distributed among the counties within the state under division	7013
(A)(3) of section 5735.27 of the Revised Code; and 20 per cent	7014
shall be distributed among the townships within the state under	7015
division (A)(5)(b) of section 5735.27 of the Revised Code.	7016

Section 203.03.18. ALTERNATIVE SOUNDPROOFING

7017

Of the foregoing appropriation item 772-421, Highway	7018
Construction-State, up to $250,000 in fiscal year 2006 shall be	7019
used by the Department of Transportation to perform a study of	7020
alternative soundproofing methods or any alternative soundproofing	7021
techniques that could be used in Ohio as an alternative to	7022
traditional sound barriers. The Director of Transportation shall	7023
issue a report of the study findings to the chairperson and	7024
ranking minority members of the House of Representatives and	7025
Senate Transportation Committees, the Speaker of the House of	7026
Representatives, the President of the Senate, and the Minority	7027
Leaders of the House of Representatives and the Senate on or	7028
before June 30, 2006.	7029

Section 203.06.  DHS DEPARTMENT OF PUBLIC SAFETY

7030

Highway Safety Information and Education

7031

State Highway Safety Fund Group

7032

FEDERAL HIGHWAY SAFETY PROGRAM MATCH

7048

The foregoing appropriation item 761-402, Traffic Safety	7049
Match, shall be used to provide the nonfederal portion of the	7050
federal Highway Safety Program. Upon request by the Director of	7051
Public Safety and approval by the Director of Budget and	7052
Management, appropriation item 761-402 shall be used to transfer	7053
cash from the Highway Safety Fund to the Traffic Safety - Federal	7054
Fund (Fund 832) at the beginning of each fiscal year on an	7055
intrastate transfer voucher.	7056

FILM PRODUCTION REIMBURSEMENT FUND

7057

On July 1, 2005, or as soon as possible thereafter, the	7058
Director of Budget and Management shall transfer the cash balance	7059
in the Film Production Reimbursement Fund (Fund 847) to the	7060
Highway Safety Fund (Fund 036) created in section 4501.06 of the	7061
Revised Code. Upon completion of the transfer, notwithstanding any	7062
other provision of law to the contrary, the Film Production	7063
Reimbursement Fund (Fund 847) is abolished.	7064

Section 203.06.03.  BUREAU OF MOTOR VEHICLES

7065

State Special Revenue Fund Group

7066

State Highway Safety Fund Group

7070

MOTOR VEHICLE REGISTRATION

7081

The Registrar of Motor Vehicles may deposit revenues to meet	7082
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	7083
4W4) established in section 4501.25 of the Revised Code, obtained	7084
under sections 4503.02 and 4504.02 of the Revised Code, less all	7085
other available cash. Revenue deposited pursuant to this section	7086
shall support, in part, appropriations for operating expenses and	7087
defray the cost of manufacturing and distributing license plates	7088
and license plate stickers and enforcing the law relative to the	7089
operation and registration of motor vehicles. Notwithstanding	7090
section 4501.03 of the Revised Code, the revenues shall be paid	7091
into the State Bureau of Motor Vehicles Fund before any revenues	7092
obtained pursuant to sections 4503.02 and 4504.02 of the Revised	7093
Code are paid into any other fund. The deposit of revenues to meet	7094
the aforementioned cash needs shall be in approximate equal	7095
amounts on a monthly basis or as otherwise determined by the	7096
Director of Budget and Management pursuant to a plan submitted by	7097
the Registrar of Motor Vehicles.	7098

CAPITAL PROJECTS

7099

The Registrar of Motor Vehicles may transfer cash from the	7100
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State	7101
Highway Safety Fund (Fund 036) to meet its obligations for capital	7102
projects CIR-047, Department of Public Safety Office Building,	7103
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.	7104

Section 203.06.06.  ENFORCEMENT

7105

State Highway Safety Fund Group

7106

General Services Fund Group

7124

COLLECTIVE BARGAINING INCREASES

7130

Notwithstanding division (D) of section 127.14 and division	7131
(B) of section 131.35 of the Revised Code, except for the General	7132
Revenue Fund, the Controlling Board may, upon the request of	7133
either the Director of Budget and Management, or the Department of	7134
Public Safety with the approval of the Director of Budget and	7135
Management, increase appropriations for any fund, as necessary for	7136
the Department of Public Safety, to assist in paying the costs of	7137
increases in employee compensation that have occurred pursuant to	7138
collective bargaining agreements under Chapter 4117. of the	7139
Revised Code and, for exempt employees, under section 124.152 of	7140
the Revised Code.	7141

Section 203.06.09.  EMERGENCY MEDICAL SERVICES

7142

State Highway Safety Fund Group

7143

CASH TRANSFERS OF SEAT BELT FINE REVENUES

7151

Notwithstanding any other provision of law to the contrary,	7152
the Controlling Board, upon request of the Director of Public	7153
Safety, may approve the transfer of cash between the following	7154
four funds that receive fine revenues from enforcement of the	7155
mandatory seat belt law: the Trauma and Emergency Medical Services	7156
Fund (Fund 83M), the Elementary School Program Fund (Fund 83N),	7157
the Trauma and Emergency Medical Services Grants Fund (Fund 83P),	7158
and the Seat Belt Education Fund (Fund 844).	7159

Section 203.06.12.  INVESTIGATIVE UNIT

7160

State Highway Safety Fund Group

7161

Liquor Control Fund Group

7166

State Special Revenue Fund Group

7170

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	7177
EQUIPMENT	7178

The Director of Public Safety, using intrastate transfer	7179
vouchers, shall make cash transfers to the State Highway Safety	7180
Fund (Fund 036) from other funds to reimburse the State Highway	7181
Safety Fund for the share of lease rental payments to the Ohio	7182
Building Authority that are associated with appropriation item	7183
CAP-076, Investigative Unit MARCS Equipment.	7184

Section 203.06.15.  EMERGENCY MANAGEMENT

7185

Federal Special Revenue Fund Group

7186

State Special Revenue Fund Group

7193

FEDERAL MITIGATION PROGRAM

7201

The fund created by the Controlling Board known as the	7202
Disaster Relief Fund is now the Federal Mitigation Program Fund,	7203
and shall be used to plan and mitigate against future disaster	7204
costs.	7205

STATE DISASTER RELIEF

7206

The appropriation item 763-601, State Disaster Relief, may	7207
accept transfers of cash and appropriations from Controlling Board	7208
appropriation items to reimburse eligible local governments and	7209
private nonprofit organizations for costs related to disasters	7210
that have been declared by local governments or the Governor. The	7211
Ohio Emergency Management Agency shall publish and make available	7212
an application packet outlining eligible items and application	7213
procedures for entities requesting state disaster relief.	7214

Individuals may be eligible for reimbursement of costs	7215
related to disasters that have been declared by the Governor and	7216
the Small Business Administration. The funding in appropriation	7217
item 763-601, State Disaster Relief, shall be used in accordance	7218
with the principles of the federal Individual and Family Grant	7219
Program, which provides grants to households that have been	7220
affected by a disaster to replace basic living items. The Ohio	7221
Emergency Management Agency shall publish and make available an	7222
application procedure for individuals requesting assistance under	7223
the state Individual Assistance Program.	7224

SARA TITLE III HAZMAT PLANNING

7225

The SARA Title III HAZMAT Planning Fund (Fund 681) is	7226
entitled to receive grant funds from the Emergency Response	7227
Commission to implement the Emergency Management Agency's	7228
responsibilities under Chapter 3750. of the Revised Code.	7229

Section 203.06.18.  ADMINISTRATION

7230

State Highway Safety Fund Group

7231

General Services Fund Group

7236

Section 203.06.21.  DEBT SERVICE

7243

State Highway Safety Fund Group

7244

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

7250

The foregoing appropriation item 761-401, Lease Rental	7251
Payments, shall be used for payments to the Ohio Building	7252
Authority for the period July 1, 2005, to June 30, 2007, under the	7253
primary leases and agreements for buildings made under Chapter	7254
152. of the Revised Code that are pledged for bond service charges	7255
on related obligations issued under Chapter 152. of the Revised	7256
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	7257
Building Authority may, with approval of the Director of Budget	7258
and Management, lease capital facilities to the Department of	7259
Public Safety.	7260

HILLTOP TRANSFER

7261

The Director of Public Safety shall determine, per an	7262
agreement with the Director of Transportation, the share of each	7263
debt service payment made out of appropriation item 761-401, Lease	7264
Rental Payments, that relates to the Department of	7265
Transportation's portion of the Hilltop Building Project, and	7266
shall certify to the Director of Budget and Management the amounts	7267
of this share. The Director of Budget and Management shall	7268
transfer the amounts of such shares from the Highway Operating	7269
Fund (Fund 002) to the Highway Safety Fund (Fund 036).	7270

Section 203.06.24.  REVENUE DISTRIBUTION

7271

Holding Account Redistribution Fund Group

7272

TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE	7279
REFUND FUND	7280

On July 1, 2005, or as soon as possible thereafter, the	7281
Director of Budget and Management shall transfer the cash balance	7282
in the Highway Patrol Fee Refund Fund (Fund R27) created in former	7283
section 4501.12 of the Revised Code to the Unidentified Public	7284
Safety Receipts Fund (Fund R24).	7285

TOTAL Department of Public Safety

7286

Section 203.06.27. CASH BALANCE FUND REVIEW

7302

Not later than the first day of April in each fiscal year of	7303
the biennium, the Director of Budget and Management shall review	7304
the cash balances for each fund, except the State Highway Safety	7305
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4),	7306
in the State Highway Safety Fund Group, and shall recommend to the	7307
Controlling Board an amount to be transferred to the credit of the	7308
State Highway Safety Fund or the Bureau of Motor Vehicles Fund, as	7309
appropriate.	7310

SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND

7311

The Director of Budget and Management, under a plan submitted	7312
by the Department of Public Safety or as otherwise determined by	7313
the Director, shall set a cash transfer schedule totaling	7314
$57,181,700 in fiscal year 2006 and $38,502,400 in fiscal year	7315
2007 from the Highway Operating Fund, created in section 5735.291	7316
of the Revised Code, to the State Highway Safety Fund, created in	7317
section 4501.06 of the Revised Code. The director shall transfer	7318
the cash at such times as is determined by the transfer schedule.	7319

Section 203.09.  DEV DEPARTMENT OF DEVELOPMENT

7320

Highway Operating Fund Group

7321

ROADWORK DEVELOPMENT FUND

7326

The Roadwork Development Fund shall be used for road	7327
improvements associated with economic development opportunities	7328
that will retain or attract businesses for Ohio. "Road	7329
improvements" are improvements to public roadway facilities	7330
located on, or serving or capable of serving, a project site.	7331

The Department of Transportation, under the direction of the	7332
Department of Development, shall provide these funds in accordance	7333
with all guidelines and requirements established for Department of	7334
Development appropriation item 195-412, Business Development,	7335
including Controlling Board review and approval as well as the	7336
requirements for usage of gas tax revenue prescribed in Section 5a	7337
of Article XII, Ohio Constitution. Should the Department of	7338
Development require the assistance of the Department of	7339
Transportation to bring a project to completion, the Department of	7340
Transportation shall use its authority under Title LV of the	7341
Revised Code to provide such assistance and enter into contracts	7342
on behalf of the Department of Development. In addition, these	7343
funds may be used in conjunction with appropriation item 195-412,	7344
Business Development, or any other state funds appropriated for	7345
infrastructure improvements.	7346

The Director of Budget and Management, pursuant to a plan	7347
submitted by the Department of Development or as otherwise	7348
determined by the Director of Budget and Management, shall set a	7349
cash transfer schedule to meet the cash needs of the Department of	7350
Development's Roadwork Development Fund (Fund 4W0), less any other	7351
available cash. The director shall transfer to the Roadwork	7352
Development Fund from the Highway Operating Fund (Fund 002),	7353
established in section 5735.291 of the Revised Code, such amounts	7354
at such times as determined by the transfer schedule.	7355

TRANSPORTATION IMPROVEMENT DISTRICTS

7356

Notwithstanding section 5540.151 of the Revised Code, of the	7357
foregoing appropriation item 195-629, Roadwork Development,	7358
$250,000 in each fiscal year of the biennium shall be paid by the	7359
Director of Development to each of the transportation improvement	7360
districts of Butler, Hamilton, Lorain, Medina, Montgomery,	7361
Muskingum, and Stark counties and to the Rossford Transportation	7362
Improvement District in Wood County. Transportation improvement	7363
districts that have received earmarked funding from the foregoing	7364
appropriation item 195-629, Roadwork Development, in any prior	7365
year shall use the payments under this paragraph for	7366
transportation or highway project purposes authorized under	7367
Chapter 5540. of the Revised Code. Transportation improvement	7368
districts that have not received earmarked funding from the	7369
foregoing appropriation item 195-629, Roadwork Development, in any	7370
prior year may use the payments for any purpose authorized under	7371
Chapter 5540. of the Revised Code, including administrative	7372
activities and the purchase of property and rights for the	7373
construction, maintenance, or operation of a project. Any payment	7374
made under this paragraph shall not be subject to the restrictions	7375
of appropriation item 195-629, Roadwork Development.	7376

Section 203.12.  PWC PUBLIC WORKS COMMISSION

7377

Local Transportation Improvements Fund Group

7378

Local Infrastructure Improvements Fund Group

7383

DISTRICT ADMINISTRATION COSTS

7388

The Director of the Public Works Commission is authorized to	7389
create a District Administration Costs Program from interest	7390
earnings of the Capital Improvements Fund and Local Transportation	7391
Improvement Program Fund proceeds. The program shall be used to	7392
provide for the direct costs of district administration of the	7393
nineteen public works districts. Districts choosing to participate	7394
in the program shall only expend Capital Improvements Fund moneys	7395
for Capital Improvements Fund costs and Local Transportation	7396
Improvement Program Fund moneys for Local Transportation	7397
Improvement Program Fund costs. The account shall not exceed	7398
$760,000 per fiscal year. Each public works district may be	7399
eligible for up to $40,000 per fiscal year from its district	7400
allocation as provided in sections 164.08 and 164.14 of the	7401
Revised Code.	7402

The director, by rule, shall define allowable and	7403
nonallowable costs for the purpose of the District Administration	7404
Costs Program. Nonallowable costs include indirect costs, elected	7405
official salaries and benefits, and project-specific costs. No	7406
district public works committee may participate in the District	7407
Administration Costs Program without the approval of those costs	7408
by the district public works committee under section 164.04 of the	7409
Revised Code.	7410

REAPPROPRIATIONS

7411

All capital appropriations from the Local Transportation	7412
Improvement Program Fund (Fund 052) in Am. Sub. H.B. 87 of the	7413
125th General Assembly remaining unencumbered as of June 30, 2005,	7414
are reappropriated for use during the period July 1, 2005, through	7415
June 30, 2006, for the same purpose.	7416

Notwithstanding division (B) of section 127.14 of the Revised	7417
Code, all capital appropriations and reappropriations from the	7418
Local Transportation Improvement Program Fund (Fund 052) in this	7419
act remaining unencumbered as of June 30, 2006, are reappropriated	7420
for use during the period July 1, 2006, through June 30, 2007, for	7421
the same purposes, subject to the availability of revenue as	7422
determined by the Director of the Public Works Commission.	7423

Section 303.03.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	7424
APPROPRIATIONS	7425

Law contained in the main operating appropriations act of the	7426
126th General Assembly that is generally applicable to the	7427
appropriations made in the main operating appropriations act also	7428
is generally applicable to the appropriations made in this act.	7429

Section 303.06.  LEASE PAYMENTS TO OBA AND TREASURER

7430

Certain appropriations are in this act for the purpose of	7431
lease payments to the Ohio Building Authority or to the Treasurer	7432
of State under leases and agreements relating to bonds or notes	7433
issued by the Ohio Building Authority or the Treasurer of State	7434
under the Ohio Constitution and acts of the General Assembly. If	7435
it is determined that additional appropriations are necessary for	7436
this purpose, such amounts are hereby appropriated.	7437

Section 503.03. From July 1, 2005, through June 30, 2007,	7438
three or fewer steel coils are deemed to be a nondivisible load	7439
for purposes of special permits issued under section 4513.34 of	7440
the Revised Code, provided that the maximum overall gross vehicle	7441
weight of the vehicle and load shall not exceed 92,000 pounds.	7442

Section 503.06. Notwithstanding section 127.16 of the Revised	7443
Code, the Director of Transportation may enter into agreements as	7444
provided in this section with the United States or any department	7445
or agency of the United States, including, but not limited to, the	7446
United States Army Corps of Engineers, the United States Forest	7447
Service, the United States Environmental Protection Agency, and	7448
the United States Fish and Wildlife Service. An agreement entered	7449
into pursuant to this section shall be solely for the purpose of	7450
dedicating staff to the expeditious and timely review of	7451
environmentally related documents submitted by the Department of	7452
Transportation, as necessary for the approval of federal permits.	7453
Such agreements may include provisions for advance payment by the	7454
Department of Transportation for labor and all other identifiable	7455
costs of providing the services by the United States or any	7456
department or agency of the United States, as may be estimated by	7457
the United States, or the department or agency of the United	7458
States. Not later than thirty days after the execution of such an	7459
agreement, the Director shall submit a written report to the	7460
Controlling Board indicating the amount of the agreement, the	7461
services to be performed by the United States or the department or	7462
agency of the United States, and the circumstances giving rise to	7463
the agreement.	7464

Section 606.03. If any item of law that constitutes the whole	7465
or part of a codified or uncodified section of law contained in	7466
this act, or if any application of any item of law that	7467
constitutes the whole or part of a codified or uncodified section	7468
of law contained in this act, is held invalid, the invalidity does	7469
not affect other items of law or applications of items of law that	7470
can be given effect without the invalid item of law or	7471
application. To this end, the items of law of which the codified	7472
and uncodified sections contained in this act are composed, and	7473
their applications, are independent and severable.	7474

Section 612.03. Except as otherwise specifically provided in	7475
this act, the codified sections of law amended or enacted in this	7476
act, and the items of law of which the codified sections of law	7477
amended or enacted in this act are composed, are subject to the	7478
referendum. Therefore, under Ohio Constitution, Article II,	7479
Section 1c and section 1.471 of the Revised Code, the codified	7480
sections of law amended or enacted by this act, and the items of	7481
law of which the codified sections of law as amended or enacted by	7482
this act are composed, take effect on the ninety-first day after	7483
this act is filed with the Secretary of State. If, however, a	7484
referendum petition is filed against any such codified section of	7485
law as amended or enacted by this act, or against any item of law	7486
of which any such codified section of law as amended or enacted by	7487
this act is composed, the codified section of law as amended or	7488
enacted, or item of law, unless rejected at the referendum, takes	7489
effect at the earliest time permitted by law.	7490

Section 612.09. Sections 109.572, 4501.26, 4503.26, 4503.40,	7491
4503.42, 4508.06, 4508.10, 4509.27, 4749.03, 4749.06, and 4749.10	7492
of the Revised Code, as amended or enacted by this act, and the	7493
items of law of which such sections as amended or enacted by this	7494
act are composed, are not subject to the referendum. Therefore,	7495
under Ohio Constitution, Article II, Section 1d and section 1.471	7496
of the Revised Code, such sections as amended or enacted by this	7497
act, and the items of law of which such sections as amended or	7498
enacted by this act are composed, are entitled to go into	7499
immediate effect when this act becomes law. However, those	7500
sections as amended by this act, and the items of law which those	7501
sections as amended by this act are composed, take effect on July	7502
1, 2005.	7503

Section 612.12. The repeal by this act of sections 4501.12	7504
and 4501.35 of the Revised Code is not subject to the referendum.	7505
Therefore, under Ohio Constitution, Article II, Section 1d and	7506
section        Sec. 1.471.  of the Revised Code, such repeals are entitled to go	7507
into immediate effect when this act becomes law. However, those	7508
sections as repealed by this act, and the items of law which those	7509
sections as repealed by this act are composed, go into effect on	7510
July 1, 2005.	7511

Section 612.18. If the amendment or enactment in this act of	7512
a codified section of law is subject to the referendum, the	7513
corresponding indications in the amending, enacting, or existing	7514
repeal clauses commanding the amendment or enactment also are	7515
subject to the referendum, along with the amendment or enactment.	7516
If the amendment, enactment, or repeal by this act of a codified	7517
or uncodified section of law is not subject to the referendum, the	7518
corresponding indications in the amending, enacting, or repeal	7519
clauses commanding the amendment, enactment, or repeal also are	7520
not subject to the referendum, the same as the amendment,	7521
enactment, or repeal.	7522

Section 615.03. The items in the uncodified sections of law	7523
contained in this act that appropriate money for the current	7524
expenses of state government, earmark this class of	7525
appropriations, or depend for their implementation upon an	7526
appropriation for the current expenses of state government are not	7527
subject to the referendum. Therefore, under Ohio Constitution,	7528
Article II, Section 1d and section 1.471 of the Revised Code,	7529
these items go into immediate effect when this act becomes law.	7530

The items in the uncodified sections of law contained in this	7531
act that appropriate money other than for the current expenses of	7532
state government, earmark this class of appropriations, or do not	7533
depend for their implementation upon an appropriation for the	7534
current expenses of state government are subject to the	7535
referendum. Therefore, under Ohio Constitution, Article II,	7536
Section 1c and section 1.471 of the Revised Code, these items take	7537
effect on the ninety-first day after this act is filed with the	7538
Secretary of State. If, however, a referendum petition is filed	7539
against such an item, the item, unless rejected at the referendum,	7540
takes effect at the earliest time permitted by law.	7541

This section is not subject to the referendum. Therefore,	7542
under Ohio Constitution, Article II, Section 1d and section 1.471	7543
of the Revised Code, this section goes into immediate effect when	7544
this act becomes law.	7545

Section 618.03.  The General Assembly, applying the principle	7546
stated in division (B) of section 1.52 of the Revised Code that	7547
amendments are to be harmonized if reasonably capable of	7548
simultaneous operation, finds that the following sections,	7549
presented in this act as composites of the sections as amended by	7550
the acts indicated, are the resulting versions of the sections in	7551
effect prior to the effective date of the sections as presented in	7552
this act:	7553

Section 109.572 of the Revised Code as amended by Am. Sub.	7554
H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53, and Am. S.B. 178,	7555
all of the 125th General Assembly.	7556

Section 307.12 of the Revised Code as amended by both Sub.	7557
H.B. 204 and Sub. H.B. 323 of the 125th General Assembly.	7558

Section 2935.03 of the Revised Code as amended by Sub. H.B.	7559
545, H.B. 675, and Am. Sub. S.B. 123 of the 124th General	7560
Assembly.	7561